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HomeMy WebLinkAboutNCS000334_HISTORICAL WITH APPLICATION_20180904STORMWATER DIVISION CODING SHEET PERMIT NO. Dco 3 b� DOC TYPE El FINAL PERMIT ❑ MONITORING INFO APPLICATION COMPLIANCE ❑ OTHER DOC DATE ❑ ZO�� pq p� YYYYMMDD Bennett, Bradley From: Bennett, Bradley Sent: Tuesday, September 04, 2018 8:58 AM To: Mike Croke Cc: 'Tim Gaffney' Subject: Final NPDES Stormwater Permit Attachments: NCSO00334inal Permit and Cover Ltr.pdf Mr. Croke, I just wanted to touch base and let you know that the final stormwater permit for your facility was mailed in early August, but returned to our office because of an address issue. It looks like a got the zip code wrong. I have mailed the hard copy again to the correct address and zip code and I have attached an electronic copy here. I'm sorry for this error and in the delay in receiving your final permit. Bradley Bennett Stormwater Program Note New Phone Number NC Division of Energy, Mineral & Land Resources Phone: (919) 707-3646 512 N. Salisbury Street Fax: (919) 807-6494 1612 Mail Service Center Email brad ley. ben nett@ncdenr.gov Raleigh, NC 27699-1612 Email correspondence to and from this address may be subject to public records laws Central Files: APS — SWP 8/6/2018 Permit Number NCS000334 Permit Tracking Slip Program Category Status Project Type NPDES SW Active Renewal Permit Type Stormwater Discharge, Individual Primary Reviewer bradley.bennett Coastal SWRule Permitted Flow 0 Version Penult Classification 3.00 Individual Permit Contact Affiliation Facility Facility Name Major/Minor Region JCI Jones Chemicals Incorporated Minor Mooresville Location Address County 1500 Tarheel Rd Mecklenburg Facility Contact Affiliation Charlotte NC 28208 Mike Croke Branch Manager 1500 Tarheel Rd Owner Charlotte NC 28208 Owner Name Owner Type JCI - Jones Chemicals Non -Government Owner Affiliation Timothy Gaffney 1500 Tarheel Rd Dates/Events Charlotte NC 28208 Scheduled Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 3/22/1996 10/31/2013 5/15/2018 6/18/2018 8/6/2018 8/6/2018 7/31/2023 Regulated Activities Requested /Received Events Inorganic chemical manufacturing Region comments on draft requested 6111118 Stormwater (activities not covered) Region comments on draft received 6128/18 Outfall 001 Waterbody Name Stroamindex Number Current Class Subbasln Paw Creek 11-124 C 03-08-34 NC Division of Energy, Mineral and Land Resources Review of Permit Renewal — NCS000334 JCI Jones Chemicals Inc. Aug 2, 2018 • SIC 2819 — Industrial Inorganic Chemicals. Facility blends, repackages and distributes chemicals for water and wastewater treatment. • Monitoring —The facility has been monitoring for TSS, Oil and Grease, TP, Nitrate + Nitrite, Total Residual Chlorine (TRC) and pH. Previous permit did have tier system. o Data reviewed from 2009 through 2017. A few parameters did show exceedances over this time period and these values will be retained in the permit monitoring. TSS had six results either above or right at the benchmark, pH was at or below the lower range on three occasions and TP exceeded 1.9 on two occasions in 2016. All TCR results were reported as <0.05mg/L. This reporting threshold is almost double the benchmark value. TRC methods can report at lower values and these should be used. In 2008 DWQ memo issues were noted with TRC monitoring and set a compliance level of 0.05mg/L (memos in file). Numbers are still to be reported below this but it appears that the lab was using this as their reporting limit. DWR has new guidance in development. o Oil and Grease and nitrate+nitrite were consistently below the benchmark values and have been removed from the permit. a Parameters remaining in the permit — TSS, TP, TRC and pH o Tier structure adjusted to have the three levels as in current permits. o Parameter codes added to permit. • Discussed site issues with facility contact — Mike Croke. He noted that the facility was pretty much the same with no major changes. He indicated that they had some exceedances with TSS but CMSWS (Ron Eubanks) had been out recently and showed them some things to help. Talked with Ron (Charlotte Mecklenburg Stormwater Services) and he forwarded the last two inspections that CMSWS had conducted at the site. He indicated there were not many issues at the site and the only potential issue was potential chlorine spill. He noted that the facility does regular training on this in coordination with local agencies. Email from Tim Gaffney (6/26/2018) with brief comments on draft— lab can get down below benchmark for TRC, no vehicle maintenance at site, understand electronic reporting asked for notification when available, clarification on expiration. • TRC issues —talked with DWR staff (Chris & Connie as well as Dana Saterwhite) about the issues with TRC monitoring. Discussed with Dana and she offered to add language to new guidance memo that would note stormwater monitoring should be able to show results down to the benchmark value. Should probably add footnote in permit table or in cover letter also. • Facility drains to Paw Creek in the Catawba River Basin, a class C stream. 2014 Assessment Report 11-124 shows no impairment of concern for this facility in this area. Downstream Lake Wylie is impaired, but is meeting criteria for all parameters except two fish tissue parameters (Hg and PCB). This facility does not appear to be potential source in these problems. • NC National Heritage review — Report shows that a resource of concern in the area (Carolina Heelsplitter) but the report designates the element occurance rank as'T' which indicates the resource is no longer there. Doesn't appear that this is an issue for this site. • MRO —Draft to Regional Office and Charlotte -Mecklenburg stormwater Services on June 11, 2018. Region conducted site visit 6/26 and sent email 6/28 recommending issuance of renewal. Permit: NCS000334 SOC: County: Mecklenburg Region: MOOreavilla Contact Person: Mike Croke Olrectlons to Facility: System Claselficatlons: Primary ORC: Secondary ORC(s): On43rte Rapresentstive(s?: Related Permits: Compliance Inspection Report Effective: 04101/09 Expiration: 03/31/14 owner: JCI -Jones Chemicals Effectve; Expiration: Facility: JCI Jones Chemicals Incorporated 1500 Tarheel Rd Inspection Date: 0612MO18 Primary Inspector: James D Moore Secondary Inspector(s): Charlotte NC 28208 Title: Phone: 704-392-9767 Certification: Phone: Entry Time: 02:OOPM Ex$ Time: 03:00PM Angela Y Lee Reason for Inspection: Routine Permit Inspection Type; Slormwaier discharge, Individual Facility Status: Compliant [] Not Compliant Question Areas: Sloan Water f See attachment summary! Phone: Inspection Type: Compliance Evaluation Page: 1 permit; NCSOM334 Owner • Fealltty:JC1-Jones Chemicals Inspectlon Data: 0W81201 a Inspection Type : Compliance Evaluation Rseson for Visit: Routine Inspection Summary: The inspection was conducted as part of the individual stormwater permit renewal process. The site was in compliance with conditions of the existing permit. I recommend that the new permit be issued as drafted. Page: 2 Bennett, Bradley From: Tim Gaffney <tgaffney@jcichem.com> Sent: Tuesday, June 26, 2018 11:24 AM To: Bennett, Bradley Cc: Mike Croke Subject: [External] Draft NPDES Stormwater Permit NCS000334 Good Morning Mr. Bennett, This email is to confirm that on June 18, 2018 we received the Draft NPDES Stormwater Permit NCS000334 from the State of North Carolina Department of Environmental Quality for the JCI Jones Chemicals, Inc. facility in Charlotte, North Carolina. We have reviewed the draft permit and in particular the eight significant changes that you noted from the current permit and we understand each of them. In regards to item 43 in your cover letter, we have contacted Chem-Bac Laboratories and they have confirmed that they do have an analytical method capable of detecting concentrations of Total Residual Chlorine down to or below the specified stormwater benchmark concentration of 28 ug/L; they can detect down to 10 ug/L. In regards to item #4 in your cover letter, this facility does not perform any on -site vehicle maintenance activities or other similar equipment maintenance activities that may be exposed to stormwater thus the requirements in Tables 4 and 5 of the draft permit would not apply to us. In regards to item #6 in your cover letter, please let us know when your electronic submittal process is available for submitting discharge monitoring reports and we will immediately begin using it. We have no other comments on the draft permit, other than one clarification. When the new permit is issued, will it be issued for 5 years (August 1, 2018 through July 31, 2023) or just for 4 years and 11 months (August 1, 2018 through June 30, 2023) as currently shown in the draft permit? It's not a big deal but we usually see permits issued for a full 5 years. Thank you. Tim Gaffney Timothy J. Gaffney Executive Vice President JCI Jones Chemicals, Inc. 100 Sunny Sol Boulevard Caledonia, New York 14423 (585) 538-2314 (Phone) (585) 538-2316 (Fax) tgaftney(&jcichem.coni M4c Thartvtte (Dboerver . oharlotteobserver.aom G LakeN©rman 1,S(-X -1-f l s,N\i�.��:. y■ {�.� 7 • _ e I N 1 ��-{-{.\-��.l.�W�.�-� ����Ii.C��']4 o+sr AFFIDAVIT OF PUBLICATION Acaourll # Ad Number I Identification 313698 0003715146 1 PLISLIC NOTICE NC DIV. OF ENERGY, MINERAL AND LAND RESOU Attention: Laura Alexander NCDEMLR DIVISION OF ENERGY, MINING AND LAND RESOURCES 1612 MAIL SERVICE CENTER RALEIGH, NC 27699 PUBLIC NOTICE NC DIV. OF ENERGY, MINERAL AND LAND RESOURCES' INTENT TO ISSUE THE FOLLOWING STORMWATER DISCHARGE PERMITS Public Commanl or objection to the draft permits is invited. Submit written comments to DEMLR at the address below. All comments received through July 18, 2018 will be consid, Bred in the final determination All permit Issuance and permit provlsiona. Appllcalions: The following facUlles have oppiled for renewal of their NPD ES parmtta to dia- Charge slofmwaiar from their locations in Mecklenburg County. DART Acquisitions LLC, 032 Pompano Road, Charlotte, NC. The facility dlschargea to Slaw an Creek In the Catawba River Basin. Permit NCS000312. • JCI Jones Chemicals Inc., 1500 Tameel Road, Cherlo0a. NC. The facility discharges to Paw Creek in the Catawba River Baran. Permit NCS000334. • Rohm and Hass Chemicals LLC, e101 Orr Road, Chanoae, NC. The facility disChwQ98 to a UT to Brier Creek in the Catawba River Basin. Permit NCS000385. Stormweter Program Contact: Bradley Bennett (919) 807-6392 bFillbennettUrccienr.gov A copy of the draft permit is available sh h11p:11deq.nC.povladoutldivlaionslanergy-minerel-lantl -rosourcesleventa. Additional permit documonte are available for the reproduction cost al: DEMLR Stormwalar Program 512 N. Salisbury Street 1S12 Mall Service Center Raleigh. NC 27599-1 fi 12 LP3715146 RECEIVED JUN 21 2018 MR -LAND QUALITY STORMWATER PERMITTING North Carolina ) ss Mecklenburg County y Before the undersigned, a Notary Public of said County and State, duly authorized to administer oaths affirmations, etc., personally appeared, being duly sworn or affirmed according to law, doth depose and say that he/she is a representative of The Charlotte Observer Publishing Company, a corporation organized and doing business under the laws of the State of Delaware, and publishing a newspaper known as The Charlotte Observer. in the city of Charlotte. County of Mecklenburg, and State of North Carolina and that as such he/she is familiar with the books, records, files, and business of said Corporation and by reference to the files of said publication, the attached advertisement was inserted. The following is correctly copied from the books and files of the aforesaid Corporation and Publication. Insertion(s) Published On: June 18, 2018 Judith Years, Accounting Clerk InTesy Whereof I.hl hereunto set my hand and affixed my seal on the 18th day of June, 2018 My Commission Expires: 12111/2022 Notary Signature Energy, Mineral and Land Resources ENVIRONMENTAL QUALITY June 11, 2018 Mr. Michael Croke JCI Chemicals Inc. 1500 Tarheel Road Charlotte, NC 28208 ROY COOPER Governor MICHAEL S. REGAN Secretary WILLIAM E. (TOBY) VINSON, JR. Interim Director Subject: Draft NPDES Stormwater Permit Permit No, NCS000334 JCI Chemicals, Inc. Mecklenburg County Dear Mr. Croke: Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from the facility's current permit: 1. You are required to collect analytical and qualitative monitoring samples during "measurable storm events" as defined in Part II, Section B. This term is different from the "representative storm event" in earlier permits. 2. Requirements for the Stormwater Pollution Plan (SPPP) have been updated in Part II, Section A. 3. Monitoring requirements in the draft permit have changed slightly from the previous permit. Monitoring is proposed for Total Suspended Solids (TSS), Total Residual Chlorine (TRC), Total Phosphorous (TP) and pH. Monitoring reported in your renewal application showed results for Oil & Grease and Nitrate+Nitrites below the benchmark levels from 2009 through 2017. The draft permit proposes to remove these parameters. Comments from our regional staff or other information may result in maintaining these parameters if it is apparent that your activities in someway have the potential to release them. Please note that the analysis for TRC must report actual results down to or below the benchmark level. This will require. the use of an instrument and analytical method capable of detecting concentrations down to or below the specified stormwater benchmark concentration of 28 µg/L. Stormwater benchmarks remain in the permit as before. Keep in mind that benchmarks are not permit limits, but rather guidelines for implementing the Stormwater Pollution Prevention Plan (SPPP). A benchmark exceedance is not a permit violation; however, the permittee must respond to exceedances. The draft permit has modified the tiered response process for benchmark exceedances consistent with other permits in our program. Please become familiar with the tiered process as proper response under the tiers may be enforceable items under your permit. Response to the tiered process may include review of onsite conditions, installation of BMPs or requirements for more frequent monitoring. State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources 1612 Mail Service Center 1 512 North Salisbury Street I Raleigh, NC 27699-1612 919 707 9200 T NCS000334 Draft Permit Page 2 4. Vehicle maintenance (Tables 4 & 5) monitoring parameters have been revised. Non -Polar Oil & Grease [EPA Method 1664 (SGT-HEM)j replaces Oil & Grease/TPH. The benchmark for Non -polar Oil & Grease using this method is 15 mg/L. This requirement appears in all individual stormwater permits; however, it only applies to facilities that perform onsite vehicle maintenance activities. If the facility begins vehicle maintenance during the permit cycle, the requirements shall apply. Also, pH monitoring is no longer required for discharges only associated with vehicle maintenance activities. The vehicle maintenance language in the permit has also been modified to clarify that these activities include not just vehicles, but also other similar equipment maintenance activities that may be exposed to stormwater. This has always been the Division's implementation of this requirement, but hopefully the adjusted language is a little clearer about this process. S. Language has been added under Part If Section D to address potential responses to qualitative monitoring issues. 6. A new section on Special Conditions has been added in Part II, Section E to comply with federal regulations requiring electronic submittal of discharge monitoring reports. Our electronic submittal process is not available for use at this time, but we will continue to provide feedback on when this process will be available. 7. Civil and administrative penalty amounts have been updated to reflect current federal law in Part III, Section A, 2(b) and (g). 8. The definition of Bulk Storage of Liquid Materials was revised in Part IV Definitions to omit the language "located in close proximity to each other" as it applies to multiple above ground storage containers having a combined storage of 1,320 gallons. Please review the draft permit and submit any comments to me no later than 30 days following your receipt of the draft. Comments may be emailed to me at bradley :bennett(7a ncdenr.eov or mailed to my attention at NC DEMLR, Stormwater Permitting Program, 1612 Mail Service Center, Raleigh, NC 27699- 1612. With this notification the Division will solicit comment on this draft by publishing a notice in a local newspaper. Following the 30 day public comment period, the Division will review comments and take appropriate action prior to issuance of the final permit. If you have any questions, please email me or call me at (919) 807-6392. Sincerely, Bradley Bennett Stormwater Permitting Program Attachment: Draft Permit NCS000334 cc: Zahid Khan, DEMLR Mooresville Regional Office — via email Chad Broadway, Charlotte -Mecklenburg Stormwater Services — via email Stormwater Permitting Program Files NCS000334 DRAFT PERMIT STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General,Statute 143-215.1, other lawful standards and regulations promulgated and,adopted�by the North Carolina Environmental Management Commission, and the Federal Water/Pollution Control Act, as amended, 3, [JCI Jones Clie ncalas'Inc] is hereby authorized to disch; rge`korr'riwater from a facility located at �JCI Jones -Chemicals, Inc.] N 11 11500'Tarheel Road] 14 [Charlotte], NC [Mecklenburg] County to receiving waters designated as [Paw Creek], a class [C] stream in the [Catawba] River Basin, in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, 11, I1I, and IV hereof Note: Draft Permit Dates are Approximate This permit shall become effective [August 1,2018]. This permit and the authorization to discharge shall expire at midnight on [June 30, 2023]. Signed this day [August 1, 2018]. for William E. (Toby) Vinson Jr., P.E., CPESC, CPM, Interim Director Division of Energy, Mineral and Land Resources By the Authority of the Environmental Management Commission Permit No. NCS000334 DRAFT TABLE OF CONTENTS PART I INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART It MONITORING, CONTROLS, AND LIMITATIONS -FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Analytical Monitoring Requirements,,,,��` Section C: On -Site Vehicle & Equipment,.Mainteriance Monitoring Requirements Section D: Qualitative Monr " t ring,, equ�irements Section E: Special Conditions PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports 11. Onshore or Offshore Construction 12. Duty to Reapply 9 Permit No. NCS000334 DRAFT Section B: General Conditions 1. Permit Expiration 2. Transfers 3. Signatory Requirements 4. Permit Modification, Revocation and Reissuance, or Termination 5. Permit Actions 6. Annual Administering and Compliance Monitoring Fee Requirements Section C: Operation and Maintenance of Pollution Controls �x 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not S!, Uense 3. Bypassing of Stormwater Contro'VFacilities Section D: Monitoring and Records , 1. Representative Sampl'ng 2. Recording=Result 3. Flow Measu eents 4. Test'Procedures 5. Representative Outfall 6. Records"Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Spills 8. Bypass 9. Twenty-four Hour Reporting 10. Other Noncompliance 11. Other Information PART IV DEFINITIONS M Permit No. NCS000334 DRAFT PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Any owner or operator wishing to obtain a No pr Exposure Exclusion must submit a No Exposure Ce t f cat on_Notice of Intent (NOI) form to the Division; must receive approval by the Division; must maintain no exposure conditions 11 unless authorized to discharge under a valid NPrDESstorm water permit; and must recertify the No Exposure Exclusion annually.,,,�;� SECTION B: PERMITTED ACTIVITIES F'I Until this permit expires or is,modiified o] revoked, the permittee is authorized to discharge stormwater to the surface watiers`af.North Carolina or separate storm sewer system that has been adequately treated and ma aged in accordance with the terms and conditions of this permit. All stormwater discharges shall be in accordance with the conditions of this permit.- aii.:::>�' Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization, or approval. The stormwater discharges allowed by this permit shall not cause or contribute to violations of Water Quality Standards. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part 1 Page 1 of 2 I SECTION C: LOCATION MAP Permit No. NCS000334 DRAFT Ea 4 a: li .t rEr ' •I...rlr:l,« r" " E 6 ` :: � t , i !i _ {�j9. �'- ,E3;.. r ��r��5 E ) � � ( ram.., E � t € , , ��»xe�aar�� `.«M,yrl�p xL� I �� Ftf! i'1.��1� �� ) r ,:: ` € Q�'•, : " ro F. ! .J 4. r 1 i r'�,� y 4 �;t i[ P :✓ w 1 z. l!Yr1 _� VJ � 1 T .,.' � F� �i � � � '' +� V„ i .. I + .. •. �( 'If lip { 1a p�lb 16E�.�r)ipl` kn l:l� ,:�� li� utr Rty"1 d F ail r Ir�i! "# € rtl "` i1� 'ar' ♦r ,xa t 7 y 't' t. i� C 1! tx! �'-�y�, �' •� kir Ir; !. 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I! r-E '' i % iEgE "i; ` `a,t r-_.*i•tir p''i �i p ,`'fib I�r;pI[�#ir aJ!€a . ,''I , t ,3x 1 f #( t r V € f r - 4 { p{ pr# { I { aSifi ":.a€j.° !?i+ eai + r I f `s 1 ' )�, i �l a,a +rE ! - r 18a �. r €)'d. t } a ai °i h # s m, €"Ar Prr T 1 1 tl rP i l 1 .1 a a ^' !. '.E ,a•6 m'' lflplEiP,..Ei l+lE EI €ii p Ett{I i# �y !� 11,E 31s JCI Jones '' 1•S#h a CP t:", S! s?'' E�€util ,i � .id !�•ri � �E ' ;E€ at Er �€, E dal! ,:! i ,�at � '�3s' lr � � ae '� i 3ti"l ir'€N�� ., p -.!` it 3ati .;: �C `. �° _ 1 # •3x,n rVl+z ;h,1 '[ m i t � '�, l� �� � E �. �•a � Chemicals, Inc i i' , ` ° I Stu '—,—.. I r„r+ ;y »ir0ltC.t a i y{ h h s r { r " �> r t 1� + 1 mt i3' ,,ia'�1 uE liEEfe=E ' .y.14�g; .i !t b$i .„11�+ x P3 - r - 'r� SY )tiiitE i<C�l_1:r •teTt1re(' Eq�,E,'1�1'a�35h lsY�3x .l�,r Ezb �3 y�r p_€E6' rflaat.r '7 .i 41, d` ?3E . '�,.G1 1 � }a:l E fl�_wz a n :r i•f �r �nat 'z r e"i �! 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Longitude: 80' 54' 36" WX1 County: Mecklenburg JCI Jones Chemicals, Inc. Location Stream Class: C Receiving Stream: Paw Creek Sub basin- 03-08-34 (Catawba River Basin) Not to Scale Part I Page 2 of 2 Permit No. NCS000334 DRAFT PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public information in accordance with Part III, Standard Conditions, Section E, paragraph 3 of this permit. The SPPP shall include, at a minimum, the following items: 1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected,;to contribute to contamination of stormwater discharges. The Site Overview shall contain the following: (a) A general location map (USGS quadrangle.map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters; the name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the points of stormwater,discharge associated with industrial activity. The general location map (oralternatively the site map) shall identify whether any receiving �waters,areimpaired (on the state's 303(d) list of impaired waters) or if the site is locafed n4a;watershed for which a TMDL has been established, and what the parameters of concern are. (b) A narrative description of°storage practices, loading and unloading activities, outdoor process are dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater discharge outfalls; all on -site and adjacent surface waters and wetlands; industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads); site topography and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Part If Page 1 of 13 Permit No. NCS000334 DRAFT (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The permittee shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. The Stormwater Management Strategy, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to rainfall and run-owflouws. Wherever practical, the lip, h3C permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations.(In area5`'`vvher.e elimination of exposure is not practical, this review shall document the feasibility of diverting the stormwater run-on away from areas of potential contamination. (b) Secondary Containment Requirem nts and5Records. Secondary containment is ;pk m{e P: trr- required for: bulk storage of liquid aterials; storage in any amount of Section 313 of Title III of the Superfund Amei dments,and Reauthorization Act (SARA) water I J1/ priority chemicals; and storage in any- . amount of hazardous substances in order to prevent leaks and spill from contaminating stormwater runoff. A table or summary of all such tanks and stoi ed�mate. pals and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves onother similar devices (which shall be secured closed with a locking mechanism)`. -Any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (5) years. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. The Division may allow exceptions to secondary containment requirements for mobile refuelers, as with the exemption provided by amendments to federal SPCC regulations, as long as appropriate spill containment and/or diversionary structures or equipment is used to prevent discharge to surface waters. Exceptions do not apply to refuelers or other mobile tankage used primarily as bulk liquid material storage in a fixed location in place of stationary containers. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided. The installation and implementation of BMPs Part 11 Page 2 of 13 Permit No. NCS000334 DRAFT shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary shall be reviewed and updated annually. 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on -site at all times during facility operations that have increased potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and,Countermeasure plan (SPCC) may be a component of the SPRP, but may not,be sufficient to completely address the 7 / , p,, ff stormwater aspects of the SPRP. The common elements o f "'e SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall address all stormwater,�contfol systems (if applicable), stormwater discharge outfalls, all on -site and adjacent.surface waters and wetlands, industrial activity areas (including material storage•areas, material handling areas, disposal areas, process areas, loading and'unl`oading areas, and haul roads), all drainage features and structures, and existing structural°BM'Ps. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure,or•stormwater pollution where not already addressed under le another element of the SPPP. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. 5. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). These facility inspections are different from, and in addition to, the stormwater discharge characteristic monitoring at the outfalls required in Part II B, C, and D of this permit. 6. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. The facility Part 11 Page 3 of 13 Permit No. NCS000334 DRAFT personntiel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. 8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include: =qgF'"' (a) an updated list of significant spills or:�leaksWpollutants for the previous three / ��`l�3, r4, .IV (3) years, or the notation that no spills have occurred (element of the Site Overview); (b) a written re -certification that the sto"rm�w'ater outfalls have been evaluated for the presence of non -storm wateredischarrges (element of the Site Overview); (c) a documented re-evaluation f the�effectiveness of the on -site stormwater BMPs (BMP Summary eleme t of the`'Stormwater Management Strategy). (d) a review and comparison ?of sample'analytical data to benchmark values (if applicable) over;the past;year; including a discussion about Tiered Response status. The pe mittee shal se the Division's Annual Summary Data Monitoring Reporr(DMR)form, available from the Stormwater Permitting Program's website (S,ee °httos://deq.nc.gov/about/divisions/energy-mineral-land- The Director may notify''tle permittee when the SPPP does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via Stormwater. Implementation of the SPPP shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five (5) years and made available to the Director or the Director's authorized representative immediately upon request. Part II Page 4 of 13 Permit No. NCS000334 DRAFT SECTION B: ANALYTICAL MONITORING REQUIREMENTS Analytical monitoring of stormwater discharges shall be performed as specified in Table 1. All analytical monitoring shall be performed during a measureable storm event at each stormwater discharge outfall (SDO). Only SDOs discharging stormwater associated with industrial activity must be sampled (See Definitions). A measurable storm event is a storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour storm interval does not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and the permittee obtains approval from the local DEMLR Regional Engineer, See Definitions. Table 1. Analytical Monitoring Requirements 3 , .. , .,. ParaneCeir j .,. .. 3 .r .f: Discharge Measurement'Sample E` Sarri`p1e `Code Characteristics Units I+re uenc , T e2 LocatloO C0530 Total Suspended Solids TSS i m L �-semi-annual Grab SDO 50060 Total Residual Chlorine TRC i� m L^, semi-annual Grab SDO C066S ^(`; Total Phosphorous_ TF ,, ,{ �L , m{ semi-annual Grab SDO 400 p H standard semi-annual Grab SDO 46529 4 �,,j'`- Total Rainfall ,n i ,� inches semi-annual Rain Gauge - Footnotes: 1 Measurement Frequency: Twice peter year (unless other provisions of this permit prompt monthly sampling) during a measureable storm event, until either another permit is issued for this facility or until F this permit is revoked or rescinded. If,the facility is monitoring monthly because of Tier Two or Three response actions under the previous,permit, the facility shall continue a monthly monitoring and reporting schedule in TienTwo4ir Tier Three status until relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless representative outfall status (ROS) has been granted. A copy of the Division's letter granting ROS shall be kept on site. 4 For each sampled measureable storm event, the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge reading may be substituted for an on -site reading. The permittee shall complete the analytical samplings in accordance with the schedule specified below in Table 2, unless adverse weather conditions prevent sample collection (see Adverse Weather in Definitions). Sampling is not required outside of the facility's normal operating hours. A minimum of 60 days must separate Period 1 and Period 2 sample dates, unless monthly monitoring has been instituted under a "Tier Two" response. Inability to sample because of adverse weather conditions must be documented in the SPPP and recorded on the DMR. The permittee must report the results from each sample taken within the monitoring period (see Part 111, Section E). However, for purposes Part I1 Page 5 of 13 Permit No. NCS000334 DRAFT of benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the first sample with valid results within the monitoring period. Table 2. MonitorinR Schedule Semi Annua Start Date! ;1„4,0, 16 End Date �,d� Monitoring Events1,z (All YearS)3 [All Years)3 Period 1 January 1 June 30 Period 2 July 1 December 31 Footnotes; 1 Maintain semi-annual monitoring until either another permit is issued for this facility or until this permit is revoked or rescinded. The permittee must submit an application for renewal of coverage before the submittal deadline (180 days before expiration) to be considered for renewed coverage under the permit. The permittee must continue analytical:monitoring throughout the permit renewal process, even if a renewal permit is not issued until after expiration of this permit. ea s< <.�ca,,,,.,.1k JU, 2 If no discharge occurs during the sampling period,,the permittee<must submit a monitoring report indicating "No Flow" or "No Discharge" within 30 days;of the end of the sampling period. 3 Monitoring periods remain consistent through the permit term and through the renewal process. Failure to monitor semi-annually per pei monthly monitoring for all parameters outfall during a monitoring period does,i properly recorded and reported. 0 The permittee shall compare m nay',result in the Division requiring ied time period. "No discharge" from an to failure to monitor, as long as it is to the benchmark values in Table 3. Exceedances of benchmark values=require the permittee to increase monitoring, increase management actions, increase record�keeping, and/or install stormwater Best Management r� Practices (BMPs) in a tiered program. See below the descriptions of Tier One, Tier Two, and Tier Three response actions,be! w. In the event that the Division releases the permittee from continued monthly monitor' g and reporting under Tier Two or Tier Three, the Division's release letter may remain in effect through subsequent reissuance of this permit, unless the release letter provides for other conditions or duration. Table 3. Benchmark Values for Analytical Monitoring �.I!!ii e E� ! 1 Discharge Characteristics = f[j �'�,:, E�ki EE1 f'.'E 3. � 1 � I E 'i'F units ,�'i',i� E ff, Benchmark Total Suspended Solids (TSS) mg/h 100 Total Residual Chlorine (TRC) mg/i, 0.028 Total Phosphorous (TP) mg/L 2 pH standard 6-9 The benchmark values in Table 3 are not permit limits but should be used as guidelines for implementation of the permittee's SPPP. An exceedance of a stormwater benchmark value is not a permit violation; however, failure to respond to the exceedance as outlined in this permit is a violation of permit conditions. Part II Page 6 of 13 Permit No. NCS000334 DRAFT Tier One If: The first valid sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall; Then: The permittee shall: 1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling results. 2. Identify and evaluate possible causes of the benchmark value exceedance. 3. Identify potential, and select the specific feasible: source controls, operational controls, or physical improvements to reduce concentrations of the parameters of concern, and/or to bring concentrations within the benchmark range. 4. Implement the selected feasible actions within two months of the inspection. 5. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark exceedence, the inspection date, the personnel conducting the inspection, the selected actions, and the date the selected actions were implemented. 6. Note: Benchmark exceedances for a different parameter separately trigger a tiered res onse. A. 'Tier Two If: The first valid sampling results from two consecutive monitoring periods (omitting periods with no discharge) are above the benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall;',: Then: The permittee shall: 1. Repeat all the required actions outlined above n T. er One A, 'Y \ 2. Immediately institute monthly monitoring.and reporting for all parameters. The permittee shall conduct monthly monitoring at every outfall where'a sampling result exceeded the benchmark value for two consecutive samples. Month ly,[analytical and qualitative) monitoring shall continue until three consecutive sample results arebelow-the bencrmark values or within benchmark range. 3. If no discharge occurs during the,sainpli'ng period, the permittee is required to submit a monthly monitoring report indicating/,"No F1o'w""to comply with reporting requirements. 4. Alternatively, in lieu of stepsr2 and 3,1the permittee may, after two consecutive exceedances, exercise the option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional Engineer may direct the response, actions on the part of the permittee as provided in Tier Three, including reduced or additional §sampling parameters or frequency. S. Maintain a record of the Tier Two response in the SPPP. 6. Continue Tier Two response obligations throughout the permit renewal process. Tier Three If: The valid sampling results required for the permit monitoring periods exceed the benchmark value, or are outside the benchmark range, for any specific parameter at any specific outfall on four occasions, the permittee shall notify the DEMLR Regional Engineer in writing within 30 days of receipt of the fourth analytical results; Then: The Division may but is not limited to: • require that the permittee revise, increase, or decrease the monitoring and reporting frequency for some or all of the parameters herein; • require sampling of additional or substitute parameters; • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion; • require the permittee to continue Tier Three obligations through the permit renewal process. Part II Page 7 of 13 Permit No. NCS000334 DRAFT SECTION C: ON -SITE VEHICLE & EQUIPMENT MAINTENANCE MONITORING REQUIREMENTS Facilities that have any vehicle and/or equipment maintenance activity occurring on -site which uses more than 55 gallons of new motor oil and/or hydraulic oil per month when averaged over the calendar year shall perform analytical monitoring as specified below in Table 4. All analytical monitoring shall be performed during a measureable storm event at all stormwater discharge outfalls (SDOs) that discharge stormwater runoff from vehicle maintenance areas, and in accordance with the schedule presented in Table 2 (Section B). Table 4. Analytical Monitoring Requirements for On -Site Vehicle & Equipment Maintenance Parameter' Ditscliarge' Chara'at'er'istcs ° i E E E; Units i 3 3 `' 3 j Measurement ;Sample ` ; '1 I Sample,,; U,'.0 ide �> ! ' � � i l,I� f i l C' `€ ; i 3 i `, i l`E i,,` ; ,Fire ` ireric' " ''�,, �T ' e? 3°' "Lo'cAti on3, , � 3' r[' � , , ,' . ° ° „ : 3 , , . 552 Non -Polar Oil & Grease by EPA Method1664 SGT-HEM mg/L,F 4;;;;;;,; semi-annual Grab SDO C053O Total Suspended Solids 'e"M� L ° IE> semi-annual Grab SDO 46529 Total Rainfal14 40 mcle'sf semi-annual Rain gauge - -- New Motor Hydraulic Oil Usa e.r gallons month semi-annual Estimate - Footnote5l 1 Measurement Frequency: Twice p�r.year during a measureable storm event (unless other provisions of ° the permit prompt monthly sampling), until either another permit is issued for this facility or until this permit is revoked or rescinded�See Table,2 for schedule of monitoring periods through the end of this permitting cycle. If the facility is monitoring monthly because of Tier Two or Three response actions under the previous permit,+ihle facility shall continue a monthly monitoring and reporting schedule in Tier Two or Tier Three status unt11 il relieved by the provisions of this permit or the Division. 2 Grab samples shall be collected within the first 30 minutes of discharge. When physical separation between outfalls prevents collecting all samples within the first 30 minutes, sampling shall be begun within the first 30 minutes, and shall continue until completed. 3 Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) that discharges stormwater runoff from area(s) where vehicle maintenance activities occur, unless representative outfall status (ROS) has been granted. A copy of the letter granting ROS shall be kept on site. 4 For each sampled measureable storm event the total precipitation must be recorded. An on -site rain gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge may be substituted for an on -site reading. Failure to monitor semi-annually per permit terms may result in the Division requiring monthly monitoring for all parameters for a specified time period, as provided in Part 1I Section B. Monitoring results shall be compared to the benchmark values in Table 5. The benchmark values in Table 5 are not permit limits but should be used as guidelines for the permittee's Stormwater Pollution Prevention Plan (SPPP). Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record Part II Page 8 of 13 Permit No. NCS000334 DRAFT keeping, and/or install stormwater Best Management Practices (BMPs) in response to a tiered program. See description of tiers and required response in Part 11 Section B. Table 5. Benchmark Values for Vehicle & Equipment Maintenance Monitoring Discharge Characteristics Units Benchmark Non -Polar Oil & Grease by EPA Method1664 (SGT-HEM) mg/L 15 Total Suspended Solids mg/L 100 SECTION D: QUALITATIVE MONITORING REQUIREMENTS The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative monitoring of stormwater o6tfalis must be,performed during a measurable storm event. Qualitative monitoring requires a visual inspectio'of each stormwater outfall regardless of representative outfall status. Qualitative monitoring shall be performed semi-annually during required analytical monitoring events (unless the permittee is required to perform further qualitative monitoring per the Qualitative Mon71 itoring Response, below). Inability to monitor because of adverse weather conditions must be documented in the SPPP and recorded on the Qualitative Monitong'Report form (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with industrial activity must be monitored (See Definitions).'`�� In the event an atypical condition is` noted at a stormwater discharge outfall, the permittee shall document the suspdcted-cause se of the condition and any actions taken in response to the discovery. This docu eri ation will be maintained with the SPPP. Table 6. Qualitative Monitoring Requirements Discharge CharacteristIes: Frequency) Monitoring 1ocation2 Color semi-annual SDO Odor semi-annual SDO Clarity semi-annual SDO Floating Solids semi-annual SDO Suspended Solids semi-annual SDO Foam semi-annual SDO Oil Sheen semi-annual SDO Erosion or deposition at the outfall semi-annual SDO Part II Page 9 of 13 Permit No, NCS000334 DRAFT t,l ' � � 1' ` Mdniitorin g Location Other obvious indicators semi-annual SDO of stormwater pollution Footnotes: 1 Monitoring Frequency: Twice per year during a measureable storm event unless other provisions of this permit prompt monthly monitoring. See Table 2 for schedule of monitoring periods. The permittee must continue qualitative monitoring throughout the permit renewal process until a new permit is issued. 2 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDQ) regardless of representative outfall status. A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as part of other analytical monitoring requirements in this permit. If the permittee's qualitative monitoring indicates that exis ing stormwater BM Ps are 4,,E < ':X ineffective, or that significant stormwater contamination is,present, the permittee shall investigate potential causes, evaluate the feasibility of co r'ecti evl actions, and implement those corrective actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the permittee's investigation, valuation, and response actions shall be kept in the Stormwater Pollution Prevention`.Plan j 1� - � It'.�tr�! f 7,!'. J 3 �.f Qnalitative 4 !,.,, � Monitoring Response; � _ , Qualitative monitoring is fo`rw<tlie,Npurposes of evaluating SPPP effectiveness, identifying new potential sources of stormwater pllutiony,a'nd prompting the permittee's response to pollution. If the permittee repeatedly fails to respond effectively to correct problems identified by qualitative If monitoring, or if the discharge causes or contributes to a water quality standard violation, the Division may but is not limited to • require that the pe .t hitferevise, increase, or decrease the monitoring frequency for some or all parameters (analytical or qualitative) • require the permittee to install structural stormwater controls; • require the permittee to implement other stormwater control measures; • require the permittee to perform upstream and downstream monitoring to characterize impacts on receiving waters; or • require the permittee implement site modifications to qualify for a No Exposure Exclusion. SECTION E: SPECIAL CONDITIONS A (1.) ELECTRONIC REPORTING OF MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 201S. Part II Page 10 of 13 Permit No. NCS000334 DRAFT NOTE: This special condition supplements or supersedes the following sections within Part Ili of this permit (Standard Conditions for NPDES Permits): • Section B. (3.) Signatory Requirements • Section D. (6.) Records Retention • Section E. (1.) Discharge Monitoring Reports • Section E. (2.) Submitting Reports 1. Reporting Requirements [,Supplements Section E. (1.) and Supersedes Section E. L" Effective December 21, 2016 or when the agency's electronic reporting system is able to accept NPDES stormwater permit monitoring data, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. NC.1)EMLR will notify permittees when eDMR is ready to accept stormwater monitoring. -data. Monitoring results obtained during the previous' months) -shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit-DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and also will be required to complete the eDMR,submission"by printing, signing, and submitting one signed original and a copy of the comouter printed eDMR to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Car alina� 7699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due no later than 30 days from the date the facility receives the sampling results from the laboratory. 2. How -to -Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting Part I1 Page 11 of 13 Permit No. NCS000334 DRAFT 3. waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: B. (3.) (d)] All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part I11, Section B. (3.) (a) or by�a�dul authorized representative of that person as described in Part III, Section B A person, and not a position, must be delegated signatory authority for eD1 reporting purposes. For eDMR submissions, the,personi'signift I- j the DMR must obtain an A. ,.. N lif ;.A 11 eDMR user account and login'¢ credeni.tials to access the eDMR system. For more 3i�,.a information on North Carolin"ay3s;eDMR'system, registering for eDMR and obtaining an eDMR user account, please visit theafollowing web page: Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: '7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part 1I Page 12 of 13 Permit No. NCS000334 DRAFT 4. Records Retention [Supplements Section D. (b.)l The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Part II Page 13 of 13 Permit No. NCS000334 DRAFT PART III STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual',&i is. Secondary containment, as specified in Part I1, Section A, Paragraph 2(b) of this permit A 11 be ac�eotnplishe'd prior to the beginning of s r.✓ ". = s• ; J stormwater discharges from the operation of the industrial activity. Existing facilities previously permitted and applying'"€for renewal: All requirements, conditions, limitations, and controls contained in this permit(except new SPPP elements in this permit renewal) shall become effective immediately upon issuance of,this�permit. New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall°be developed and implemented within 6 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified inTart II, Se'etion�';j'Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discha`rg" s from the operation of the industrial activity. Dut]+ to Comply 14 ly with allconditions of this permit. Any permit noncompliance constitutes The permittee must comp a violation of the C1ean�Water Actj(CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 1{22:41]r"%� a. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement [40 CFR 122.411. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $51,570 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)]. c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b) (8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]. Part l ll Page 1 of 9 Permit No. NCS000334 DRAFT d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]. e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(S)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)]. f. Under state law, a civil penalty of not more than $25 p00 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit [North Carolina General Statutes § �143-215.6A]: -- g. Any person maybe assessed an administrative penalt "'by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this-rAct, or any.permit condition or limitation implementing any of such sections in a•permit issued under section 402 of this Act. Administrative penalties for Class Lviolations are not to exceed $20,628 per violation, with the maximum amount of any Class I.,penalty assess d not to exceed $51,570. Penalties for Class II violations are not to exceed $26,628 per.day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $257,848 [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)]. 3. Duly to Mitigate��° The permittee shall take'all reaso L ble steps to minimize or prevent any discharge in violation of this permit which has a reasonable ikeli hood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 1\1 4. Civil and Criminal Liability Except as provided in Part 111, Section C of this permit regarding bypassing of stormwater control facilities, nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6, or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Oil and Hazardous Substance Liability_ Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 6. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)]. Part I I I Page 2 of 9 Permit No. NCS000334 DRAFT 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 1 SOB-23]. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit issued pursuant to this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragrapkpunishment is a fine of not more than $20,000 per day of violation, or by imprisonment of,.not more than 4 years, or both [40 CFR 122.41]. 10. Penalties for Falsification of Reports ilsi� The Clean Water Act provides that any person whdki%owmgly makes any false statement, representation, or certification in any record or�other document submitted or required to be ,G:: c N N: / maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punish e&by a'f ne of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.411. f{, 11. Onshore or, Offshore Construction iiEj[[e , i i This permit does not authorize'or al porov e the construction of any onshore or offshore physical structures or facilities or the;Ntihdertakirig-of any work in any navigable waters. 12, Day to Reapply A )/1.` If the permittee wishes"In continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. SECTION B: GENERAL CONDITIONS Permit Expiration The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.36 and 33 USC 1251 et. seq. Part ill Page 3 of 9 Permit No. NCS000334 DRAFT Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.611 or state statute. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. Signatojy Requirement All applications, reports, or information submitted to the Permitting Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business Function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production,, or operating facilities, provided, the manager is authorized to make management decisions which govern'the�operation of the regulated facility including having the explicit or implicit it, of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems'are established or actions taken to gather complete and accurate information for permit appl ation requirements; and where authority to sign documents has been assigned or,'delegated,to the manager in accordance with corporate procedures. (2) For a partners hip`'oi';`sole p op�rietorst ip by a general partner or the proprietor, respectively; or �� \ (3) For a municipality;;state,'federal, or other public agency: by either a principal executive officer or ranking electedof cial [40 CFR 122.22]. b. All reports requir'edbymthe,'permit and other information requested by the Permit Issuing Authority shall be signe`dhy a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]. c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.221. Part III Page 4 of 9 Permit No. NCS000334 DRAFT d. Certification. Any person signing a document under paragraphs a. or b. of this section, or submitting an electronic report (e.g., el)MR), shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "l certify, underpenalty of law, that this documentand all attachments were prepared under my direction orsupervision in accordance with a system designed to assure that qualified personnel properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility offines and imprisonment for knowing violations." 4. Permit Modification, Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et al.+ 5. Permit Actions -�/ The permit maybe modified, revoked and reissued, on:termmated,for cause. The notification of V"',;, planned changes or anticipated noncompliance does'not stay any permit condition [40 CFR 122.41(f)]. 6. AAnnUal Administering and Compliance Monitoring Fee�Requirements The permittee must pay the administering and tompliance monitoring fee within 30 (thirty) days ,.� ell after being billed by the Division. Failure to/,pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(2) may cause the Divisi ' to.in►tiate action to revoke the permit. I€1 % a =� SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Ap t 'D 1. The permittee shall at all -times properly operate and maintain all facilities and systems of treatment and control (and relatedlappurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit [40 CFR 122.41(e)]. 2. Need to Halt or Reduce Not a Qefense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director may take enforcement action against a permittee for bypass unless: a. Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater, or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and Part I l l Page 5 of 9 I ►ranH*YMIAU1C101IIIM1Wr c. The permittee submitted notices as required under, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measureable storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122.41(j)]. 2. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information [40 CFR 12L/i]: /r` 4/ a. The date, exact place, and time of sampling or, me s rements b. The individual(s) who performed the sampling or measurements; C. The date(s) analyses were performed; d. The individual(s) who performed the an la yse s 61 � e. The analytical techniques or methods use&'and --' f. The results of such analyses. Vf L".�� Flow Measurements Where required, appropriate.flow measurement devices and methods consistent with accepted scientific practices shall be selected, and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. 4. Test Procedures y .i, + r Test procedures for the -analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. Part III Page 6 of 9 Permit No. NCS000334 DRAFT 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The permittee shall retain records of all monitoring information, including o all calibration and maintenance records, o all original strip chart recordings for continuous monitoring instrumentation, a copies of all reports required by this permit, including Discharge Monitoring Reports (DMRs), o copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 5 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system,,an authorized representative of a municipal operator or the separate storm sewer system receivmphe discharge, upon the presentation of credentials and other documents as may be required:by law, to~: a. Enter upon the permittee's premises where a -regulated facility or activity is located or conducted, or where records must be kept under the,conditions of this permit; ✓ ,t7�ry� V : b. Have access to and copy, at reasonable�timesl any records that must be kept under the conditions of this permit; C. Inspect at reasonable times any facitities;.e= pment (including monitoring and control 3 equipment), practices, or"operations regulated or required under this permit; and d. Sample or monitor at practices, times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.4][(i)].Al . SECTION E: REPORTING ischame Monitori Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR forms are available on the Division's website (httl)s://deq.nc.gov/about/divisions/energy- mineral-land-resources/npdes-stormwater-individual). Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division or appropriate authority no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 029.0506. If the permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the data submitted on the DMR [40 CFR §122.41(1)]. Partill Page 7 of 9 Permit No. NCS000334 DRAFT The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon the Division's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. 2. Submitting -Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. AvaiIability of Rem Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Division�Asrequired by the Act, analytical data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided'for in NCGS 143-215.68 or in Section 309 of the Federal Act. 4. Nan-Stormwater Discharges If the storm event monitored in accordance with this,permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide -this iinformation with the stormwater discharge monitoring report. 5. Planned Changed The permittee shall give notice.. the 1Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in the permit or subject ta�not`.if� aeon requirements under 40 CFR Part 122.42 (a). 6. Anticioated NoncomDliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 7. 5pit The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part IV of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. 8. Notice [40 CFR 122.41(m)(3)]: a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Part III Page 8 of 9 Permit No. NCS000334 DRAFT 9. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall he provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-03684*r (919) 733-3300. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122:41(1)(7)]. 11. Other Information a e � Where the Permittee becomes aware thatita failed 6submit any relevant facts in a permit application, or submitted incorrect inf rmation in,a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(I)(8)]. Part III Page 9 of 9 NCS000334 DRAFT PERMIT PART IV DEFINITIONS 1. Act See Clean Water Act. 2. Adverse Weatber Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR. 3. Allowable Norim3torrawater Diacharges This permit regulates stormwater discharges. However, non-stormwater discharges which shall be M 4.' allowed in the stormwater conveyance system include: a. All other discharges that are authorized by a non-stormwater NPDES permit. b. Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows fr��pm riparian habitats and wetlands. 11 c. Discharges resulting from fire-fightingr fire -fighting training, or emergency shower or eye wash as a result of use in the event of an.emerk'encv. 4. Best Manaeement Practices'fBMN1'K , Measures or practices used to_reduce the amount of pollution entering surface waters. BMPs may take the form of a process,Acf vity, or,physical structure. More information on BMPs can he found at: 5 A bypass is the know ri�dive si n of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage -of -Liquid Products Liquid raw materials, intermediate products, manufactured products, waste materials, or by- products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under any General Permit and is signed by the Director. 8. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 4. Divisiono DEMLR The Division of Energy, Mineral, and Land Resources, Department of Environmental Quality. 10. irec r The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. Part IV Page 1 of 4 Permit No. NCS000334 DRAFT 11. EMCC The North Carolina Environmental Management Commission. 12. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. is. Measureablp Storm Event A storm event that results in an actual discharge from the ermitted site outfall. The previous measurable storm event must have been at least 7Z ourseprior. The 72-hour storm interval may not apply if the permittee is able to document that a sharter'interval rs representative for local storm events during the sampling period, and obtains app o al from the'local DEMLR Regional Office. Two copies of this information and a written request letter shall be sent to the local DEMLR Regional Office. After authorization by the DEMLR Regional. Office, written approval fetter must be kept on site in the permittee's SPPP. 16. .11 A stormwater collection system withinlan in area of local self-government such as a city or town. ifl 4�kfaGk' 17. No Exposure A condition of no exposure gmeans't at all industrial materials and activities are protected by a storm resistant shelter or accdptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial,rnachinery, raw materials, intermediate products, by-products, final products, '1 r or waste products [40 CFR '122.26 (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 18. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a General Permit. 19. Permit Issuing Authority The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above). 20. Per_mittee The owner or operator issued this permit. 21. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. Part IV Page 2 of 4 Pages Permit No. NCS000334 DRAFT 22, Representative_Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the Division may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 25-year, 24-hour storm event. 24. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; b. 1s present at or above threshold levels at a facility subject to SARA title 111, Section 313 reporting requirements; and c. Meets at least one of the following criteria: i. Is listed in appendix D of 40 CFR part 122�on Table H(organic priority pollutants), Table III (certain metals, cyanides, and phenols 'or Table`IV. (certain toxic pollutants and hazardous substances);;'° ° ii. Is listed as a hazardous substance pursuant°to section-311(b)(2)(A) of the CWA at 40 CFR 116.4; or &! \ iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. 25. Severe Property Damage Substantial physical damage to pro become inoperable, or substantial expected to occur in the absence of caused by delays in production,\ the control facilities which causes them to ss of natural resources which can reasonably be property damage does not mean economic loss 26. Significant Materials Includes, but is not limited to: raw -materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 27. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4). 28. Stor, mwater Discharge OutfalI CSDOI The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Part IV Page 3 of Pages Permit No. NCS000334 DRAFT 30, Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. ' 31. Stormwater Polijition Prgyention plan A comprehensive site -specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 32. Total Maximum Daily Load (TMDU TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at https.1/deg.nc.gov/about/divisions/water-resources f planningf modeling= assessment/tmdls/draft-and-approved-tmdls. 33. Toxic Pollutant ? Any pollutant listed as toxic under Section 307(a)(1)'6fthe Clean Water Act 34. Vehicle Maintenance Activity i;� ' :..;;E. Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. For the purposes;of this permit, vehicle maintenance activity includes equipment maintenance that uses hydraulicroii and.that is stored or used outside, or otherwise A exposed to stormwater. t 35, i dim tion Visible 5e etl� Solid particulate matter, both, mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. N 36. 2_5_-vear._24_hour _Storm _Event N"XNA The maximum 24-hourprecipitation event expected to be equaled or exceeded, on the average, once in 25 years. Lk J/ Part IV Page 4 of 4 Pages �� 3 • � . �Y��s STA7�a A� �9A"W ` North Carolina Department of Natural and Cultural Resources Natural Heritage Program Govemor Roy Cooper Secretary Susi H. Hamilton NCNHDE-5861 April 22, 2018 Bradley Bennett NCDEQ 512 N. Salisbury Street Raleigh, NC 27604 RE: JCI Jones Chemicals, Inc. Charlotte, NC; NCS000334 Dear Bradley Bennett: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler ncdcr.gov or 919.707.8603. Sincerely, NC Natural Heritage Program MAILING ADDRESS: Telephone: t919) 707-8107 LOCATION: 1651 Mall Service Center www.ncnhp.orp 121 West Jones Street Ra fth, NC 27SM1651 Ra"h, NC 27603 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area JCI Jones Chemicals, Inc. Charlotte, NC Project No. NCS000334 April 22, 2018 NCNHDE-5861 Freshwater 450 Lasmigona decorate Carolina Heelsplitter 1918-Pre X 3-Medium Endangered Endangered G1 S1 Bivalve No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area Managed Area Name Owner He I e Mecklenburg County Open Space Mecklenburg County Local Government NOTE: If the proposed project intersects with a oonservationfmanaged area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at httos:/lncnhde.natureserve.oralcontentlheln. Data query generated on April 22, 2018; source: NCNHP, 02 April 2018. Please resubmit your information request it more than one year elapses before project initiation as new information is continually added to the NCNHP database. r Page 2of4 r 0 z m 00 CD Q m 0 m _3 2� N _ n 0) ZL O 9 I Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area JCI Jones Chemicals, Inc. Charlotte, NC Project No. NCS000334 April 22, 2018 NCNHDE-5861 Element Occurrences Documented Within a One -mile Radius of the Project Area Freshwater 450 Lasmigona decorata Carolina Heelsplitter 1918-Pre X 3-Medium Endangered Endangered G1 S1 Bivalve Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800s Hi? 5-Very -- Endangered G3 S2 Low No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type Mecklenburg County Open Space Mecklenburg County Local Government Definitions and an explanation of status designations and codes can be found athttps:/lncnhde_natureserve_org/mntentlhelo. Data query generated on April 22, 2018; source: NCNHP, Q2 April 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. 1 r �( � � 50%/ ri � 4 &1l f 0CCu#O we ' % ' ^ Vi h )4C�[t g Page 3 of 4 i s nd 6'�' r *err. Pickle, Ken From: Mike Croke <mcroke@jcichem.com> Sent: Wednesday, June 22, 201612:02 PM To: Pickle, Ken Subject: RE: Storm Water Permit NCS 000334 Thanks Ken, I fully understand. No problem on my side ... we will keep doing what were we are doing. Thanks Mike Croke JCI Jones Chemicals From: Pickle, Ken [mailto:ken.pickle@ncdenr.gov] Sent: Wednesday, June 22, 2016 11:21 AM To: Mike Croke Subject: RE: Storm Water Permit NCS 000334 Hi Mike, Sorry for my lengthy delay in responding. Our database still shows that we ares holding this renewal until we have staff to work on it. We have a substantial backlog now, and this circumstance is not particular for JCI. The database shows that we received the application for renewal on 10/31/2013. As long as you apply for renewal (you did) and comply with your old permit federal rules protect you from the liability of 'discharging without a permit.' Unfortunately I can't provide you with a reliable estimate of when we will be able to process your renewal application. Please continue to abide by the permit conditions. Ken Ken Pickle Stormwater Program Specialist DEMLR Stormwater Permitting Program Department of Environmental Quality 919 807 6376 office ken. pickle fl ncden r, aov 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury St, Raleigh, NC 27604 r:: -::�" Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records taw and may be disclosed to third parties. From: Mike Croke [ma !Ito:mcroke@icichem.com] Sent: Monday, February 02, 2015 2:33 PM To: Pickle, Ken <ken.pickle@ncdenr.gov> Subject: Storm Water Permit NCS 000334 Hi Ken, Hope you are doing well. I am following up on our (JCI Jones Chemicals) Storm Water Permit NCS 000334. 1 have not received anything in the mail nor heard anything via email thus I am just following up. Last time we talked... you folks were backed up on your permit renewals. If that is still the case could you possibly tell me about when you would expect the permit to be addressed. Again it is not an issue forJCI....we will continue to abide by the current permit until told otherwise. My Environmental Department wants me to follow up every (6) months or so:..thus the purpose of my email. Please let me know if you have any questions. Best Regards Mike Croke JCI Jones Chemicals mcroke@Lichem.com 800 349 7119 2 Nesda.,p 33 4— Pickle, Ken From: Mike Croke < mcroke@jcichem.com > Sent: Tuesday, May 24, 20161:36 PM To: Pickle, Ken Cc: Tim Gaffney; Bennett, Bradley; Georgoulias, Bethany Subject: RE: Storm Water Permit NCS000334 Thanks Ken, I know you folks are busy ... Just wanted to check and ensure we did not miss anything. We will continue to sample and test in accordance with our current permit. No issues or hurry on our part. Best Regards Mike Croke JCI Jones Chemicals mcrokeC@icichem.com 800 349 7119 From: Pickle, Ken [mailto: ken. pickle@ncdenr.gov] Sent: Tuesday, May 24, 2016 1:13 PM To: Mike Croke Cc: Tim Gaffney; Bennett, Bradley; Georgoulias, Bethany Subject: RE: Storm Water Permit NCS000334 Hi Mike, • Our database shows that we received your renewal application 10/31/2013, in advance of the permit expiration date of 3/31/2014. We consider your renewal application timely made. • 1 note also that the database still shows my boss, Bradley Bennett, as the reviewer. Since Bradley doesn't routinely process the renewal applications, this entry should be understood to mean that he is waiting for staff to become available to work on the renewal. When staff are available, he can assign JCI-Jones to a staff member. The first thing that staff member will do is contact JCI to alert them that we are processing the renewal. • I cannot provide a reliable estimate of when we will be able to deliver the renewed permit. You should not interpret our delay as indicating any issues with your renewal application. JCI-Jones is one of many renewal applications in our backlog. • As l hape l reported before, federal rules anticipate our current circumstances. According to federal rules, when the permittee makes timely application for renewal, but the permitting agency is late in delivering the renewed coverage, the expired permit remains in effect until the agency delivers the renewed coverage. Please continue to abide by the provisions of your current permit. (Which you are already doing, per your report below.) Please contact me if I can provide further background or explanation. Ken Ken Pickle Stormwater Program Specialist DEMLR Stormwater Permitting Program Department of Environmental Quality 919 807 6376 office ken.pickle@ncclenr.gov 1612 Mail Service Center, Raleigh, NC 27699-1612 512 N. Salisbury St, Raleigh, NC 27604 t:+ —':;"iNothlr<g Compares--,. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Mike Croke [mailto:mcroke@icichem.coml Sent: Tuesday, May 24, 2016 10:51 AM To: Pickle, Ken <ken.pickle@ncdenr.eov> Cc: Tim Gaffney <teaffnev@icichem.com> Subject: Storm Water Permit NCS000334 Good Morning Ken, I am just following up on our, JCI Joes Chemicals, Storm Water Permit NCS000334. When we last talked you folks we somewhat delayed on renewing storm water permits. I am just following up to ensure there is nothing we have to do. We are still following and submitting our testing as required on our original permit and will continue to do so until instructed otherwise. If you get a chance could you tell me where we stand in regards to this permit renewal? Best Regards Mike Croke JCI Jones Chemicals 1500 Tarheel Road Charlotte, NC 28208 800 349 7119 mcroke@6cichem.com 2 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary March 11, 2015 To: Certified Laboratories Subject: North Carolina Total Residual Chlorine Detection and Compliance Levels Since we frequently get questions regarding the approved methods, instrumentation and reporting procedures for Total Residual Chlorine (TRC), I would like to re -state the Division of Water Resources' policies on these matters. In a letter dated August 14, 2001, the North Carolina Division of Water Resources (previously Division of Water Quality) notified National Pollutant Discharge Elimination System (NPDES) permittees that wastewater treatment facilities with TRC effluent limits would be required to utilize an instrument or analytical method that will detect and measure TRC concentrations to levels that are below the permit discharge limit by July 1, 2002. [Note: TRC pen -nit limits are typically set between 17 to 28 µg/L for discharge to freshwater and 13 µg/L for discharge to saltwater]. This requirement was based on an Environmental Protection Agency (EPA) audit of the NC enforcement program. It was also necessary to ensure water quality protection and compliance with state monitoring regulations [15A NCAC 213 .0505 (e) (4)]. This letter further prescribed the following: Acceptable EPA -approved methods for low-level TRC analyses include the Amperometric Titration Method and the DPD Calorimetric Method. [Note: Permit levels of 13, 17 and 28 µg/L require that a low-level spectrophotometric/colorimetric method be used.] • If a facility has no effluent limit for TRC (just a monitoring requirement), then use of a hand-held meter, sometimes described as a pocket colorimeter, and -the reporting of <100 pg/L as a TRC value is acceptable. [Note: If a facility has a permit monitoring limit >0.1 mg/L (i.e., 100 µglL), it is acceptable to use a pocket colorimeter.] In a subsequent letter dated May 1, 2008, the Division acknowledged that there were difficulties with TRC measurement at the levels required by the discharge permits and notified NPDES pennittees that a 50 µg/L compliance level would be adopted beginning with March, 2008 DMR submittals. This letter also prescribed the following: • Implementation of the 50 pg/L compliance level would not change the analysis, annual verification of meter performance or data reporting, but simply how the reported values will be evaluated by the Division from a compliance standpoint. Permittees will still be required to report actual results on the monthly DMR submittals, but for compliance purposes, all TRC values below 50 pg1L will be treated as zero. For example, if the facility has a TRC permit limit of 17 pg/L and reports a TRC value of 40 pg/L on the DMR, this value will be considered compliant. Water Sciences Section NC Wastewater/Groundwater Laboratory Certification Branch 1623 Mail Service Center, Raleigh, North Carolina 27699-1623 Location: 4405 Reedy Creek Road, Raleigh, North Carolina 27607 Phone: 919-733-390B 1 FAX: 919-733-6241 Intemet: www.dwQlab.org An Equal Opporlun41 Mrmative Aclion Employer The following table is meant to summarize the information above and to provide additional guidance on proper methodology and equipment depending upon a facility's permit limit. Acce" table Instruments ■ Pocket colorimeter* kl Pocket colorimeter* Spectrophotometer/Amperometric Titrator*** Reporting Level <100 µg/L < permit limit (e.g., <200 µg/L) < permit limit (e.g., <13 µg/L) Compliance Level ** ** 50 gg/L * Any of the approved instruments may be used (i.e., spectrophotometer, amperometric titrator) including the pocket colorimeter. ** Since the permit limit or allowable reporting level is >50 µg/L, the 50 µg/L compliance level does not apply here. ***Only the low-level spectrophotometer or amperometrie titrator may be used. The pocket colorimeter may not be used for permit limits of 13, 17 or 28 µg/L. The letters referenced in this memorandum can be viewed on the North Carolina Wastewater/Groundwater Laboratory Certification (NC WW/GW LC) website at: li=://portal.nedenr.ora/web/wq/lab/cei-Vnonfield/mcthods. If you would like to request a copy of these letters or if you have additional questions, please contact me at (919) 733-3908 or dana.satterwhite[amcdenn og_v. Sincerely, Dana Satterwhite, Environmental Program Supervisor Laboratory Certification Branch cc: Dianne Reid Jeff Poupart Jon Risgaard ]nnc� Chemicals Inc. October 25,- 2013 2013 1 Stormwater Permitting Program Individual Permit Renewal 1612 Mail Service Center Raleigh, North Carolina 27699-1612 RE: JCI Jones Chemicals, Inc., Charlotte, NC Stormwater Permit Renewal Permit Number: NCS-000334 Dear Sir or Madam, Enclosed please hind a completed Stormwater Discharge Permit Renewal Application Form for the above referenced facility. Also enclosed please find the Stormwater Pollution Prevention Plan Development and Implementation Certification form, along with the required Supplemental Information Required for Renewal of Individual NPDES Stormwater Permits. Please contact me at (585) 538-2314 if you have any questions or require additional information. Very truly yours, JJCI Jones Chemicals, Inc. Timothy J. Gaffney Executive Vice President TJG:tg Cc Mike Croke, JCI Charlotte, NC Caledonia Branch • 100 Sunny Sol Blvd. • Caledonia, NY 14423 • telephone: 585.538.2314 • facsimile: 585.538.2316 • 800.255.3789 Branch Locations - Warwick, NY - Barberton, OH - Riverview, MI - Merrimack, NH - Charlotte, NC - Jacksonville, FL - Beech Grave, IN - Milford, VA - Tacoma. WA - Torrance, CA - Corporate Office Sarasota, FL www.jcichemic;ils.com Permit Coverage ATA Renewal Application Form NCDENR National Pollutant Discharge Elimination System Stormwater Discharge Permit Permit Number NC5000334 The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. Owner Affiliation Information *Reissued Permit will be mailed to the owner address Owner / Organization Name: JCI - Jones Chemicals TC_-r -Zr'ca n e. S Chevrrni (:e:L sn G . Owner Contact: Timothy Gaffney,�,� Mailing Address: 1500 Tarheel Rd. 160 5ufin� S.-1 R Ou le_0CLr(2 Charlotte, NC 28208 _Cct ire cQor�, 0. 1 me-,_ Le er2.K (yK Z3 Phone Number: [s 6S)S38 - L31!1 Fax Number: S­3 e - Z_31 (v E-mail address: a..;Ic1C-" , cDVn Facili jPermit Contact Information Facility Name: Jci Jones Chemicals Incorporated TC.Z -X& Vtes Gke_,n.icgLS, x'n c . Facility Physical Address: 1500 Tarheel Rd Charlotte, NC 28208 Facility Contact: Mailing Address: Phone Number: Fax Number: E-mail address: Discharge Information Receiving Stream Stream Class: Basin: Sub -Basin: Number of Outfalls: Paw Creek Catawba River Basin 03-08-34 ftk1KP_CVIZ) Ke- JS00 Tar keel ILO ado Gear Lafte, NC. e2 8208 (-2OH) 3q2-erl67 i"7o,,b 3a I - 7H I Z M crone- a ,� CA c-ke-:M . co w1 Impaired WatersITMDL Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? O Yes XNo ❑ Don't Know ( for information on these waters refer to http://h2o.enr.state.nc.uslsullmpairec Waters TMDL/ ) CERTIFICATION 1 certify that 1 am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. O�ee-.2s � Signature � Date 0I3� Print or type ame of person sig ng above Title Please return this completed renewal application form Stormwater Permitting ProgramIndividual Permit Renewal and other required supplemental information to: 1612 Mail Service Center Raleigh, North Carokna 27699-1612 STORMWATER POLLUTION PREVENTION PLAN DEVELOPMENT AND IMPLEMENTATION CERTIFICATION North Carolina Division of Energy, Mineral, and Land Resources - 5tormwater Permitting Facility Name: ]ci Jones Chemicals Incorporated Permit Number: NCS000334 Location Address: 1500 Tarheel Rd Charlotte, NC 28208 County: Mecklenburg "I certify, under penalty of law, that the Stormwater Pollution Prevention Plan (SPPP) document and all attachments were developed and implemented under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information required by the SPPP. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information gathered is, to the best of my knowledge and belief, true, accurate and complete." And "I certify that the SPPP has been developed, signed and retained at the named facility location, and the SPPP has been fully implemented at this facility location in accordance with the terms and conditions of the stormwater discharge permit." And "I am aware that there are significant penalties for falsifying information, including the possibility of fines and imprisonment for knowing violations." Sign (according to permit signatory requirements) and return this Certification. DO NOT SEND STORMWATER POLLUTION PREVENTION PLAN WITH THIS CERTIFICATION. Signature Date 6 c-6bef- ZSi Z.O G U , Title SPPP Certification 10/13 SUPPLEMENTAL INFORMATION REQUIRED FOR RENEWAL OF INDIVIDUAL NPDES STORMWATER PERMIT Two copies of each of the following shall accompany this submittal in order for the application to be considered complete: Initials (Do not submit the site Stormwater Pollution Prevention Plan) A current Site Map from the Stormwater Pollution Prevention Plan. The location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall, building locations and impervious surfaces should be clearly noted. A summary of Analytical Monitoring results during the term of the existing permit (if your permit required analytical sampling). Do not submit individual lab reports. The summary can consist of a table including such items as outfall number, parameters sampled, lab results, date sampled, and storm event data. H A summary of the Visual Monitoring results. Do not submit individual monitoring reports. The summary can consist of a table including such items as outfall number, parameters surveyed, observations, and date monitoring conducted. A summary of the Best Management Practices utilized at the permitted facility. Summary should consist of a short narrative description of each BMP's in place at the facility. If the implementation of any BMP's is planned, please include information on these BMP's. A short narrative describing any significant changes in industrial activities at the permitted facility. Significant changes could include the addition or deletion of work processes, changes in material handling practices, changes in material storage practices, and/or changes in the raw materials used by the facility. b. Certification of the.development and implementation of a Stormwater Pollution Prevention Plan for the permitted facility (Sign and return attached form). If the final year analytical monitoring of the existing permit term has not been completed prior to filing the renewal submittal, then the last years monitoring results should be submitted within 30 days of receipt of the laboratory reports. (i.e. do not withhold renewal submittal waiting on lab results) tc JCI JONES CHEMICALS, INC.'. CHARLOTTE, NC PERMIT NUMBER: NCS-000334 SUPPLEMENTAL INFORMATION ITEM 1: SITE MAP Attached is a current Site Map from the Stormwater Pollution Prevention Plan. SECTION C: LOCATION MAP Permit No. NCS000334 NCGO00334 !slap Scale 1: 24, 440 ICI Jones Chemicals JCI Jones Chemicals Incorporated Latitude: 3511 15' 59" N Longitude: 8011 54' 32" W County: Mecklenburg Receiving Stream: Paw Creek Stream Gass: C Sub -basin: 03-08-34 (Catawba River Basin) Facility Location Part I Page 2 of 2 _p V i e tau It 1 1 is I 1 I , , I 1 1 1 1 1 I 1 1 , 1 r 1 �. ; \ fxi7 N 1 1 n 1 JCI JONES CHEMICALS, INC. - CHARLOTTE, NC PERMIT NUMBER: NCS-000334 SUPPLEMENTAL INFORMATION ITEM 2: SUMMARY OF ANALYTICAL MONITORING RESULTS OUTFALL 001 Date Total Chlorine Sample Total Suspended Total Total Collected Rainfall Oil & Grease Solids Phosphorus pH Nitrates Nitrites Residual (mo/dd/yr) (inches) (mg/L) (mg/L) (mg/L) (SU) (mg/L) (mg/L) (mg/L) 07/09/09 0.15 1.00 73 0.66 6.23 0.22 <0.05 <0.05 06/01/10 0.25 3.00 26 0.08 6.67 <0.05 <0.05 0.07 01/26/11 0.50 <1.0 202 0.08 5.81 0.09 <0.05 <0.05 03/04/11 0.85 <1.0 9.3 <0.05 5.48 <0.05 <0.05 <0.05 09/21/11 1.00 <1.0 11.7 <0.05 7.89 <0.05 <0.05 <0.05 05/29/12 0.25 <1.0 14.6 <0.05 6.30 <0.05 <0.05 <0.05 12/21/12 0.50 <1.0 17.5 <0.05 10.22 6.87 <0.05 <0.05 <0.05 06/06/13 10.75 <1.0 1105 16.78 10.51 <0.05 1 <0.05 JCI JONES CHEMICALS, INC. - CHARLOTTE, NC PERMIT NUMBER: NCS-000334 SUPPLEMENTAL INFORMATION ITEM 3: SUMMARY OF VISUAL MONITORING RESULTS OUTFALL 001 Erosion or Floating Suspended Deposition Date Color Odor Clarity Solids Solids Foam Oil Sheen at Outfall Other 07/09/09 Clear None Good/Fair None Some None None None None 04/08/10 Clear/Cloudy None Good/Fair None None None None None None 12/27/10 Clear None Good/Fair None None None None None None 05/27/11 Clear None Good None Some None None None None 09/21/11 Clear None Good None Minimal None None None None 04/18/12 Tan None Some Solids None Some None None None None 12/20/12 Light Grey None Light Grey None Some None None Some None 06/06/13 Clear/White None Semi -Clear INone Minimal INone INone None INone JCI JONES CHEMICALS, INC. - CHARLOTTE, NC PERMIT NUMBER: NCS-000334 SUPPLEMENTAL INFORMATION ITEM 4: SUMMARY OF BEST MANAGEMENT PRACTICES The following practices and policies are designed to reduce or eliminate the potential for contamination of storm water at the facility. 1. In addition to safety aspects, good housekeeping practices are an important measure in preventing pollution. The Corporate housekeeping procedure can be found in our Safety Training Manual. Employees are trained annually on the procedure, and routine inspections include visual checks for housekeeping. 2. Maintaining equipment in good working order is essential in preventing pollution. Our Maintenance Manual is devoted to facility and equipment maintenance. Pertinent sections include procedures for inspection, maintenance and record keeping on building, process equipment and tanks. In addition, site inspections include equipment checks and visual inspections for buildings and tank dikes. 3. Spill prevention and response is possibly the most significant pollution prevention measure. As such, a large portion of our corporate policies center around the prevention and mitigation of spills, leaks and releases. Our Contingency Plan is devoted to incident response procedures. The Contingency Plan is shared with local emergency response agencies to facilitate rapid and appropriate response measures and all employees are trained annually on its contents. In addition to the Contingency Plan, five chapters of our Environmental Manual and two chapters in our Safety, Training Manual are dedicated to spill, leak, and release response. Much of the site inspection procedure is dedicated to spill and leak detection and corrective action. Annual safety training of employees is conducted on spill, leak, and release response. 4. All -employees receive extensive training related to pollution prevention. In addition to training on good housekeeping practices, employees receive annual training on the Contingency Plan. Those employees who have been designated as Emergency Responders receive a minimum of 24 hours of spill, leak, and release training each year. Finally, all employees are periodically trained on the procedures and guidelines for spill, leak and release response. In addition to the above, pertinent employees are trained annually on the contents of our Spill Pollution Prevention Plan. 5. JCI has a comprehensive site inspection policy in its Environmental Manual that is dedicated to pollution prevention. Employees perform a daily inspection for leaks and spills, and keep a log of the inspection. The weekly site inspection is also designed to detect spills and leaks. In addition, the weekly site inspection covers equipment and building maintenance checks. Also, the monthly environmental report recaps the daily and weekly inspections, and encourages review of the Contingency Plan. In addition to the above, two qualitative storm water inspections are conducted each year, once between January I - June 30 and once during July 1 - December 3 1. 6. The -loading and unloading of bagged and drummed products takes place at the facility loading dock. Bulk liquid products are transferred either from tank truck or rail cars. Bulk gasses are likewise transferred from rail cars. All product loading and unloading areas are covered by the site inspection policy. In addition, drip pans are used under pumps in order to reduce the potential for contamination. 7. Chemical bulk storage tanks have several pollution prevention measures in place and operational, including drip pans under pumps, regular inspections, and diking and berming to contain potentially contaminated stormwater runoff. Also, all chemical bulk storage tanks are within the main facility building. The chemical bulk storage tank systems are also covered by the facility Contingency Plan for accidental or catastrophic spills, leaks, and releases. The Corporate Waste Minimization Policy is contained in our Environmental Manual. This policy contains many techniques that can reduce or eliminate contamination of storm water runoff. Examples of such techniques include the use of drip pans, proper emptying and maintenance of drip pans, inspection and maintenance of all equipment, proper drum handling procedures, and separation of storm water from other wastewaters. JCI JONES CHEMICALS, INC. — CHARLOTTE, NC PERMIT NUMBER: NCS-000334 SUPPLEMENTAL INFORMATION ITEM 5: NARRATIVE DESCRIBING SIGNIFICANT CHANGES There have been no significant changes in industrial activities at this facility. There have been no additions or deletions of work processes, no changes in material handling practices, and/or no changes in the raw materials used by the facility. ALF� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary RECEIVSION OF WATER August 19, 201QIVI 0 QUgLi1.-Y Timothy Gaffney AUG 25 2010 Jci Jones Chemicals Incorporated SWP SECTION 1500 Tarheel Rd MOORESVILLE REGIONAL OFFICE Charlotte, NC 28208 Subject: NPD'rS Stormwater Permit Coverage Renewal Jci Jones Chemicals Incorporated I-OC Number NCS000334 Mecklenburg County Dear Permittee: Your facility was recently sent a renewal application that indicated your permit expired on 3/31/2011. However, the expiration date of 3/31/2011 is incorrect and the permit expires 3/31/2014. The expiration date has been fixed in our database and no action is required of you at this time. If you have any questions regarding this correction please contact Brian Lowther of the Stormwater Permitting Unit at (914)-807-6368 or brian.lowther@ncdenr.gov. Sincerely, Brian Lowther Environmental Engineer Stormwater Permitting Unit Cc: Central Files SPU Files Mooresville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 Phone: 919$07-63001 FAX: 919-807-64921 Customer Service: 1-877-623.6748 Internet: www.ncwaterquatity.org An Equal Opportunity 1 Affirmative Action Employer NorthCaroiina Aatura!!lf NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director August 10, 2010 Timothy Gaffney Jci Jones Chemicals Incorporated 1500 Tarheel Rd Charlotte, NC 28208 Subject: NPDES Stormwater Permit Coverage Renewal Jci Jones Chemicals Incorporated COC Number NCS000334 Mecklenburg County Dear Permittee: Dee Freeman Secretary Your facility is currently covered for stormwater discharge under NPDES Permit NCS000334. This permit expired on 3/31/2011. To assure consideration for continued coverage under your individual permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. Enclosed you will find an individual permit Renewal Application Form, Supplemental Information request, and Stormwater Pollution Prevention Plan Certification for your facility. Filing the application form along with the requested supplemental information will constitute your application for renewal of this permit. Until your permit renewal is completed and you receive a new permit, please continue to comply with all conditions and monitoring requirements in your expired NPDES stormwater permit. The application and supplement must be completed and returned to DWQ by August 10, 2010. Failure to request renewal within this time period will result in delay of your permit renewal and may result in a civil assessment. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding permit renewal procedures please contact Brian Lowther of the Stormwater Permitting Unit at (919)-807-6368 or brian.lowther@ncdenr.gov. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit Cc: Central Files SPU Files Mooresville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699.1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919.807.63001 FAX: 919.807-64921 Customer Service: 1-877-623.6748 Internet: www.nmaterquality.org An Equal Opponunily 1 Alfirmalive Action Employer AUG 16 2010 One NorthCarolina Naturall'y �oro4WAiF-q Permit Coverage Renewal Application Form Permit Number ` National Pollutant Discharge Elimination System NCS000334 Stormwater Discharge Permit The following is the information currently in our database for your facility. Please review this information carefully and make all corrections/additions as necessary in the space provided to the right of the current information. ownerAMItiatign intormation - Herssuea Hermlr W111 De maliea ro me owner aaaress Owner / Organization Name: JCI - Jones Chemicals Owner Contact: Timothy Gaffney Mailing Address: 1500 Tarheel Rd Charlotte, NCS000334 28208 Phone Number: 7165382314 Fax Number: E-mail address: FacilltulPermit Contact Information Facility Name: ]cl ]ones Chemicals Incorporated Facility Physical Address: 1500 Tarheel Rd _ �- Charlotte, NC 28208 Facility Contact: Mailing Address: 1500 Tarheel Rd Charlotte, NC 28208 Phone Number: 7165382314 Fax Number: NCS000334 E-mail address: NCS000334 Discharge Informatl Receiving Stream: Paw Creek Stream Class: C Basin: Catawba River Basin Sub -Basin: 03-08-34 Number of Outfalls: Impaired Waters/TMDL Does this facility discharge to waters listed as impaired or waters with a finalized TMDL? ❑ Yes ❑ No ❑ Don't Kriow ( for information on these waters refer to httpy/h2o. enr.state, nc. us/su/Impaired Waters TMDU ) CERTIFICATION I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete and accurate. Signature Date Print or type name of person signing above Title Please return this completed renewal application form to: Stormwater Permitting Unit Attn: Brian Lowther 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Monitoring Forms mailbox:IIIC /Documents%20and%2OSettings/Cory_LarsenlApplication%20DatarBunderbi... Subject: Monitoring Forms From: Cory Larsen <Cory,Larsen@ncmail.net> Date: Mon, 23 Feb 2009 12:19:15 -0500 To: tgaffney@jcichem.com CC: mcroke@jcichem.com Dear Mr. Gaffney: In response to your February 13, 2009 letter concerning discharge monitoring forms, please use the following links to access each form. Qualitative Monitoring Form - http:/lh2o.enr.state.nc.uslsu/documents/SWU-242Qualitative Monitoring Forml12608.pdf Generic Discharge Monitoring Report Form - http:l/h2o.enr.state.nc.us/su/documents/SWU-246Generic DMR Rev2008.pdf The generic DMR has blank columns for additional parameters. For this permit, you will need to monitor for TSS, O&G, pH, Nitrate + Nitrite, Total Chlorine, and Total Phosphorus and modify the generic form as necessary. Please let me know if I can be of further assistance. Cory Larsen Environmental Engineer NCDENR I DWQ 1 Stormwater Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 512 N. Salisbury St, Raleigh, NC 27604 Phone: (919) 807-6365 Pax: (919) 807-6494 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. r 1 of 1 3/19/2009 3:02 PM s Jones Chemicals Inc. February 13, 2009 Cory Larsen Environmental Engineer Stormwater Permitting Unit North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 RE: JCI Jones Chemicals, Inc., Charlotte, NC Draft NPDES Stormwater Permit Permit Number: NCS000334 Dear Mr. Larsen: This letter is written in response to your January 15, 2009 letter which contained the Draft NPDES Sto_rmwater Permit for our facility located on 1500 Tarheel Road in Charlotte. r We have,one comment on the draft permit. Given that semi-annual analytical monitoring requirements have been added to the draft permit, will discharge monitoring reporting forms be provided to us when the final permit is issued? Please contact me at (585) 538-2314 if you have any questions or require additional information. Very truly yours, JCI Jones Chemicals, Inc. TSS Timothy J. Gaffney TP Executive Vice President TJG:tg C� d Cc Mike Croke, JCl Charlotte, NC 100 Sunny Sol Boulevard Caledonia, New York 14423 • telephone: 585,538.2314 • facsimile: 585,538.2316 Corporate Offices • Sarasota, FL • Branch Locations • Warwick, NY • Barberton, OH • Riverview, MI • Merrimack, NH • Charlotte, NC Ft. Lauderdale, FL • Jacksonville, FL • Beech Grove, IN • Milford, VA • Tacoma, WA • Torrance, CA www,j c ichemicals.com filloxicf-I ones Lnemiva ones Chamic2 enmaratee I f2u-111]Lv L-KiCaLIC JCI JONES CHEMICALS, INC. STORM WATER PERMIT RENEWAL PERMIT NUMBER: NCS000334 SUPPLEMENTAL INFORMATION ITEM 4: SUMMARY OF BEST MANAGEMENT PRACTICES The following practices and policies are designed to reduce or eliminate the potential for contamination of storm water at the facility. 1. In addition to safety aspects, good housekeeping practices are an important measure in preventing pollution. The Corporate housekeeping procedure can be found in our Safety Training Manual. Employees are trained twice annually on the procedure, and routine inspections include visual checks for housekeeping. 2. Maintaining equipment in good working order is also essential in preventing pollution. Our entire Maintenance Manual is devoted to facility and equipment maintenance. Pertinent sections include procedures for record keeping, building inspection and maintenance, and maintenance of various equipment and tanks. In addition, site inspections include equipment checks and visual inspections for buildings and tank dikes. Spill prevention and response is possibly the most significant pollution prevention measure. As such, a large portion of our corporate policies center around the prevention and mitigation of spills, leaks and releases. Our entire Contingency Plan Manual is devoted to incident response procedures. The Contingency Plan is shared with local emergency response agencies to facilitate rapid and appropriate response measures. The Contingency Plan is reviewed and revised at least once each year, and all employees are trained yearly on its contents. In addition to the Contingency Plan, five chapters of our Environmental Manual and two chapters in our Safety Training Manual are dedicated to spill, leak, and release response. Much of the site inspection procedure is dedicated to spill and leak detection and corrective action. Finally, annual safety training of employees is conducted on spill, leak, and release response. 4. All employees receive extensive training related to pollution prevention. As discussed above, at least twice each year employees review and discuss good housekeeping practices. Additionally, employees receive annual training on the Contingency Plan. Those employees who have been designated as Emergency Responders receive a minimum of 24 hours of spill, leak, and release training each year. Finally, all employees are trained annually on the procedures and guidelines for spill, leak and release response. In addition to the above, pertinent employees are trained annually on the contents of our Spill Pollution Prevention Plan. S. JCI has adopted a comprehensive site inspection policy that is dedicated to pollution prevention. The policy is found in our Environmental Manual. Operators perform a daily inspection for leaks and spills, and keep a log of the inspection. The weekly site inspection is also designed to detect spills and leaks. In addition, the weekly site inspection covers equipment and building maintenance checks. Also, the monthly environmental report recaps the daily and weekly inspections, and encourages review of the Contingency Plan. In addition to the above, two storm water inspections are conducted each year. The facility is inspected once during the spring (April I to June 30) during a rainfall event. The inspection is logged on the spring inspection form. A fall (September 1 to November 30) inspection is likewise conducted and documented. 6. The loading and unloading of bagged and drummed products takes place at the facility loading dock. Bulk liquid products are transferred either from tank truck or rail cars. Bulk gasses are likewise transferred from rail cars. All product loading and unloading areas are covered by the site inspection policy. In addition, drip pans are used under pumps in order to reduce the potential for contamination. 7. Bulk product storage tanks have several pollution prevention measures in place and operational, including drip pans under pumps, regular inspections, and diking and berming to contain potentially contaminated stonnwater runoff. Also, all bulk tanks are within the main facility building. Bulk tank systems are also covered by the facility Contingency Plan for accidental or catastrophic spills, leaks, and releases. S. The Corporate Waste Minimization Policy is contained in our Environmental Manual. This policy contains many techniques that can reduce or eliminate contamination of storm water runoff. Examples of such techniques include the use of drip pans, proper emptying and maintenance of drip pans, inspection and maintenance of all equipment, proper drum handling procedures, and separation of storm water from other wastewaters. JCI JONES CHEMICALS, INC. STORM WATER PERMIT RENEWAL PERMIT NUMBER: NCS000334 SUPPLEMENTAL INFORMATION ITEM 5: NARRATIVE DESCRIBING SIGNIFICANT CHANGES There have been no significant changes in industrial activities at this facility. There have been no additions or deletions of work processes, no changes in material handling practices, and/or no changes in the raw materials used by the facility.. JCI JONES CHEMICALS, INC. STORM WATER PERMIT RENEWAL PERMIT NUMBER: NCS000334 SUPPLEMENTAL INFORMATION ITEM 5: NARRATIVE DESCRIBING SIGNIFICANT CHANGES There have been no significant changes in industrial activities at this facility. There have been no additions or deletions of work processes, no changes in material handling practices, and/or no changes in the raw materials used by the facility. • h • If M21 IlB11l iV 1 1 1 1 1 1 1 1 1 1 1 . �1 I 1 1 1 1 1 1 1 1 r 1 1 1 1 1 1 I 1 tl ; L ; 1„ I � L7n S i �rrfM.�rt�r�rr ; l F- . V L Y v _.. 5. ..,-... .._. � .�yF F� � 0 Vd A TF9Q Beverly Eaves Perdue, Governor Dee Freeman, Secretary r North Carolina Department of Environment and Natural Resources p Coleen H. Sullins, Director Division of Water Quality January 15, 2009 Mr.. Timothy Gaffney JCI Jones Chemicals "1.00 Sunny Sol Blvd. Caledonia, NY 14423 Subject: Draft NPDES Stormwa ter Permit Permit No. NC5000334 JCI Jones Chemicals Inc. Mecklenburg County Dear Mr. Gaffney: Enclosed with this letter is a copy of the draft stormwater permit for your facility. Please review the draft carefully to ensure thorough understanding of the conditions and requirements it contains. The draft permit contains the following significant changes from this facility's current permit - Analytical monitoring changes: 1.. Analytical monitoring parameters have been added to this permit including total suspended solids, n i trate+ni trite, phosphorus, oil & grease, and chlorine. 2. pH has been added to the analytical monitoring requirements. 3. All analytical monitoring has been set to semi-annually during a representative storm event as defined in Part lI Section B. The permittee must also document the total precipitation for each event. If no discharge occurs during the sampling period, the permittee must submit a monitoring report indicating "No Flow" within 30 days of the end of the six-month sampling period. Additionally, samples must be taken a minimum of 60 days apart, as specified in Table 2. 4. Benchmarks for analytical monitoring have been added to this draft permit. Exceedances of benchmark values require the permittee to increase monitoring, increase management actions, increase record keeping, and/or install stormwater Best Management Practices (BMPs) in a tiered program: If the sampling results are above a benchmark value, or outside of the benchmark range, for any parameter at any outfall then the facility shall follow the Tier 1 guidelines which require a facility inspection within two weeks and implementation of a mitigation plan within two months. If during the term of this permit, the sampling results are above the'benchmark values, or outside of the benchmark range, for any specific parameter at a specific discharge outfall two times in a row (consecutive), then the facility shall follow the Tier 2 guidelines which require a repetition of the steps listed for Tier 1. and also immediately institute monthly monitoring for all parameters at every outfall where a sampling result exceeded the benchmark value for two consecutive samples. 5. You are required to collect all of the analytical and qualitative monitoring samples during representative storm events as defined in Part II Section B. Qualitative monitoring is required regardless of representative outfall status. 6. You are responsible for all monitoring until the renewal permit is issued. See Footnote 1 of Tables 1, 4, and 5. 7. The flow reporting requirement has been removed per DWQ revised strategy. (The total rainfall parameter is in this permit, however.) One NorthCarolina Vaturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 907-6300 Customer Service Internet: h2o.enr.state.mus 512 N. Salisbury St. Raleigh, NC 27604 FAX (919) 807-6494 1-877-62M748 An Equal Opportunity/Affirmative Action Employer-100°h Recycled130% Post Consumer Paper 4-1 h4 -A imothy Gaffney JCl Jones Chemicals Inc. Permit No. NCS000334 8. Vehicle maintenance monitoring has been revised to semi-annually in order to coincide with analytical and qualitative monitoring. This requirement appears in all Individual Stormwater Permits, however it only applies to facilities that do vehicle maintenance. If the facility begins vehicle maintenance during the .permitted timeframe then the requirements shall apply. Other permit_ changes: 1. Additional guidance is provided about the Site Plan requirements, The site map must now identify if the receiving stream is impaired and if it has a TM.DI, established. It must also describe potential pollutants in each outfall. The map requirements are stated more explicitly. And, the site plan must contain a list of significant spills that have occurred in the past three years and also must certify that the outfalls have been inspected to ensure that they do not contain non-stormwater discharges. Additional information is provided in Part II Section A. 2. Additional requirements for the Stormwater Management Plan have been specified in Part II Section A. More details regarding secondary containment are provided: 3. Additional requirements for the Stormwater Pollution Prevention Plan have been specified in Part II Section A. The plan must also be updated annually to include a list of significant spills and to certify that the outfalls do not contain non-stormwater discharges. 4. The facility must now implement a semi-annual Facility Inspection Program of the site's stormwater management controls as specified in Part II Section A. 5. Information regarding the No Exposure Exclusion has been added to this draft permit. If industrial materials and activities are not exposed to precipitation or runoff as described in 40 CFR §122.26(g), the facility may qualify for a No Exposure Exclusion from NPDES stormwater discharge permit requirements. Additional information is provided in Part I Section A. Please submit any comments to me no later than thirty (30) days following your receipt of the draft. Comments should be sent to my attention at the address listed at the bottom of page 1. If no adverse comments are received from the public or from you, this permit will likely be issued in approximately two months. If you have any questions or comments concerning this draft permit, please contact me at (919) 807-6365 or cory.larseji@ncmail.net cc: Mooresville Regional Office, Samar Bou-Ghazale SPU Files Encl Sincerely, d� Cory I r Environmental Engineer Stormwater Permitting Unit. 2 r o�OF WA r�yQG Michael F. Easley, Governor William G. Ross Jr., Secretary co r North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality December 15, 2008 Individual NPDES Stormwater Permit Renewal Transmittal Cover Page. To: Mooresville Regional Office, Marcia Allocco Subject: NPDES Stormwater Permit No. NCS000334 JCI Jones Chemicals Charlotte, NC (Mecklenburg County) Attachment Description Staff Report Draft Permit Renewal Application Please provide comments and sign Staff Report. Thanks. Return tofCory�L sra n at the Central Office by January 22, 2009. ,Cory-Larsen- Diirisionpf Water Quality Storm taw er_P_ermitting Unit 161:72M5iI:Service Center Raleigh, -NC 27699-1617 DEC 1 6 2008 . 'J i'der Proledlon t471t Carolina ura!!y North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 807-6300 Customer Service Internet: www.ncwatcrzluality.org Location: 512 N. Salisbury St, Raleigh, NC 27604 Fax (919) 807-6494 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer —100% Recycled130% Post Consumer Paper r 1 op !� 9 7j4 AA NCS000334 �Il ATE Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r- Coleen H. Sullins Director Division of Water Quality P -C STAFF REVIEW AND EVALUATION NPDES Stormwater Permit Facility Name: JCI Jones Chemicals Incorporated NPDES Permit Number: NCS000334 Facility Location: 1500 Tar Heel Rd, Charlotte, NC (Mecklenburg County) See Figure 1 Type of Activity: CHEMICAL DISTRIBUTION SIC Code (if applicable): 2812 Alkalies & Chlorine 281.9 Industrial Inorganic Chemicals Receiving Streams: Paw Creek River Basin: Catawba River Basin, Sub -basin 03-08-34 Stream Classification: C Proposed Permit Requirements: See attached draft permit. Monitoring Data: See Appendices Response Requested by (Date): January 22, 2008 Central Office Staff Contact: Return to Cory Larsen, (919) 807-6365 Special Issues: Issue Rating Scale: I(easy) to 10 hard Compliance history 4 Benchmark exceedance 2 Location (TMDL, T&E species, etc 7 Other Challenges: • Information gathering 5 Difficulty Rating: 18 /40 Description of Onsite Activities: • The facility blends, repackages and distributes bulk chemicals to customers in the water and wastewater treatment industries. JCI Jones produces filtered bleach and sodium bisulfate from chlorine, sodium hydroxide, and sulfur dioxide. Documents Reviewed: • SPU & Central Files • EPA TRI Data & MSGP • 2006 303(d) List • NC TMDLs • Drat 2004 Catawba Basinwide Plan • NC Natural Heritage Program for T&L History: • Date Permit first issued: March 22, 1996 • Date Permit re -issued: April 12, 2002 • Date Permittee submitted renewal application: September 28, 2006 Page 1 of 7 NCS000334 R, v. U. A , N14,11, 177-1 r , e e JCI Jones Chemicals Incorporated V NCGO00334 Abp Scale 1"20, 000 ICI Jones Chemicals ]CI ]ones Chemicals Incorporated Lad bude: 350 15' 59 " N Longitude: 800 54'32" W County: Mecklenburg Receiving Stream: Paw Creek Stream Class: C Sub -basin: 03-08-34 (Catawba River Basin) Figure 1: Map of Facility Facility Location Page 2 of 7 Central Office Review Summary: 1. Owner's Other Permits: + NA 2. General Observations: Small size facility (b ac) with approximately 90% impervious cover; • Site has one SDO that drains to Paw Creek. 3. Impairment: o Paw Creek not listed on 303(d) list for impairment; o No TMDLS for Paw Creek currently; o Paw Creek is a tributary of Lake Wylie of the Catawba River and is part of the Lake Wylie Nutrient Mgmt. Plan. There is a nutrient TMDL in place for Lake Wylie for chlorophyll-a*as discussed in the 2004 13asinwide Plan for the Catawba basin. 4. Threatened and Endangered: o The Carolina Heelsplitter, a federally endangered mussel, was found to occur within two miles of the facility. The Heelsplitter is sensitive to siltation and a wide range of pollutants. 5. Location: o facility is located in an industrialized area approximately five miles northwest of downtown Charlotte. Stormwater from the site drains to Paw Creek. 6. Industrial Changes Since Previous Permit: o Since issuance of the previous permit in 2002, there have been no significant changes in industrial process activities at the facility. 7. Analytical Monitoring: o Analytical monitoring data was not .required by the previous permit; 8. Qualitative Monitoring Notes: o Visual monitoring perfonned semi-annually since 2003; o No abnormal conditions observed; o See Appendix A for full results. Page 3 of 7 NCS000334 Revised Permit Recommendations: Analytical Monitoring: 1. Adding parameters... a. TSS — to monitor for solids/sediment load in stormwater. Large volume of truck traffic is a potential source. b. O&G — truck traffic potential source. c. Chlorine — one of the facility's main products. Highly toxic to aquatic life. d. NO3+NO2—N — recommended parameter under MSGP Suhsector C2. Also, facility is located in nutrient -sensitive watershed with nutrient management plan in place. e. TP — added in conjunction with NOx-N to monitor for nutrient load. Past monitoring of Lake Wylie has shown elevated TP concentrations in Paw Creek. 2. pH added — standard addition to permit. 3. All analytical monitoring set to semi-annually. 4. Benchmarks for analytical monitoring and Tiered monitoring system added to this draft permit. 5. Analytical and qualitative monitoring required during representative storm events. Qualitative monitoring required regardless of representative outfall status. 6. Flow reporting replaced by total rainfall parameter. 7. Vehicle maintenance monitoring revised to semi-annually. Other Proposed Changes to the Previous Permit: 1. See draft permit for full details. Discussions with permittee: Michael Croke, 704-392-9767, 1.2/08/08 1. Q: Can you please provide a description of facility activities? a. ANSWER: See Description of Onsite Activities (pg 1). 2. Q: How large is the site? a. ANSWER: About 6 acres. 3. Q: Are there any chemicals stored outdoors? a. ANSWER: Rail cars containing bulk chemicals are stored outside. 4. Q: How many outfalls do you have? a. ANSWER: One 5. Q: Is vehicle maintenance performed at the facility? a. ANSWER: No. No gasoline or oil stored onsite either. 6. Q: What are the chemical loading/unloading procedures? a. ANSWER: Bulk chemicals are top -unloaded from rail cars and product is top -loaded into trucks (for distribution) in a diked area to contain spillage. 7. Q: What is the breakdown between rail car and truck transport? a. ANSWER: All chemicals come in on rail car and all go out in tanker trucks. 8. Q: Are your products mainly for water treatment? a. ANSWER: All customers are in water and wastewater treatment industries. Page 4 of 7 Recommendations: Based on the documents reviewed, the application information submitted on September 28, 2006 is deemed sufficient to issue an Individual Stormwater Permit. Prepared by (Signature) Date Stormwater Permitting Unit Superviso Date for radlev 9nnett Page 5 of 7 APPENDIX A QUALITATIVE MONITORING RESULTS JCI JONES CHEMICALS Page 6of7 NCS000334 JUI JUNES CHEMICALS, INC. STORM WATER PERMIT RENEWAL PERMIT NUMBER: NCS000334 SUPPLEMENTAL INFORMATION ITEM- 3 : SUMMARY OF VISUAL MONITORING RESULTS OUTFALL NUMBER PARAMETERS SURVEYED OBSERVATIONS DATE MONITOR NG CONDUCTED Storm Water Color, Odor, Clarity, Floating Solids, Clear, no odor, no floating April 1, 2003 Discharge Outfall Suspended Solids, Foam, Oil Sheen, or suspended solids, no ("SDO'l Other Obvious Indicators'. foam or oil sheen, no other obvious indicators SDO Color, Odor, CIarity, FIoating Solids, Clear, no odor, no floating' November 19, 2003 Suspended Solids, Foam, Oil Sheen, or suspended solids, no Other Obvious Indicators foam or oil sheen, no other obvious indicators SDO Color, Odor, Clarity, Floating Solids, Clear, no odor, no floating March 15, 2004 Suspended Solids, Foam, Oil Sheen, or suspended solids, no Other Obvious Indicators foam or oil sheen, no other obvious indicators SDO Color, Odor, Clarity, Floating Solids, Clear, no odor, no floating November 23, 2004 Suspended Solids, Foam, Oil Sheen, or suspended solids, no Other Obvious Indicators foam or oil sheen, no other obvious indicators SDO Color, Odor, Clarity, Floating Solids, Clear, no odor, no floating April 17, 2005 t Suspended Solids, Foam, Oil Sheen, or suspended solids, no Other Obvious- Indicators foam or oil sheen. no other . obvious indicators SDO Color, Odor, Clarity, Floating Solids, Clear, no odor, no floating November 15, 2005 Suspended Solids, Foam, Oil Sheen, or suspended solids, no Other Obvious Indicators foam or oil sheen, no. other obvious indicators SDO Color, Odor, Clarity, Floating Solids, Clear, no odor, no floating April 17, 2006 Suspended Solids, Foam, Oil Sheen; or suspended solids, no . Other Obvious Indicators foam or oil sheen, no other obvious indicators SDO Color, Odor, Clarity, Floating Solids, Clear, no odor, no floating September 6, 2006 Suspended Solids, Foam, Oil Sheen, or suspended solids, no Other Obvious Indicators foam or oil sheen, no other obvious indicators Page 7 of 7 =�F WAT�c�Q co !(� May 1, 2008 To: NPDES Permittees Subject: Total Residual Chlorine 50 ug/1 Compliance Level Michael F, Easley, Governor State of North Carolina William G. Ross, ]r., Secretary Department of Environment and Natural Resources coleen H. Sullins, Director Division of Water Quality In a previous letter dated August 14, 2001, the Division of Water Quality (DWQ) notified NPDES permittees that water/wastewater treatment facilities with Total Residual Chlorine (TRC)- effluent limits would be required to use analytical methods that produce detection levels below their permit limit by July 1, 2002. [Note: TRC permit limits are typically set between 17 to 28 ug/1 for discharge to freshwater systems, and 13 ug/1 for discharge to saltwater systems]. This requirement was based on an Environmental Protection Agency (EPA) audit of the NC enforcement program. It was also necessary to ensure water quality protection and compliance with state monitoring regulations [15A NCAC 2B.0505(e)(4)]. Since that time, DWQ has received several inquiries regarding difficulties with the new analytical methods, primarily focused on 1) lack of precision with field instrumentation at low TRC levels for both water and wastewater treatment plants; and 2) manganese interference with TRC measurement at several water treatment plants. Some facilities have overcome these problems through various changes, such as: 1) switching dechlorination chemicals; 2) adding a second dechlorination .feed; 3) changing analytical methods; 4) -incorporating manganese correction; 5) switching to UV disinfection; G) removing sludge from water treatment plant settling basins. Also, the DWQ Laboratory Certification staff have provided extensive field assistance for the new lab methods. Still, some analytical issues remain. In response to the pennittee's concerns, the Division is providing the following changes to its TRC requirements: TRC Compliance Level Changed -to _50 ug/l, DWQ continued discussions with EPA regarding analytical difficulties with TRC measurements, and in March 2008 received EPA approval to allow a 50 ug/1 TRC compliance level. This will not change the analysis, annual verification of meter performance, or data reporting, but simply how the reported values will be evaluated by DWQ from a compliance standpoint. Facilities will still be required to report actual results on their monthly DMR submittals, but for compliance purposes all TRC values below 50 ug/l will be treated as zero. For example, if the facility has a TRC limit of 17 ug/1 and reports a TRC value of 40 ug/1 on the DMR, this value will be considered compliant under this new policy. This new compliance level is effective March 1, 2008 (beginning with March 2008 DMR submittals). DWQ will continue to incorporate TRC effluent limitations into NPDES permits for all water/wastewater treatment facilities that discharge chlorine -bearing wastestreams to surface waters. While this new TRC compliance level of 50 ug/1 is effective beginning March 1, 2008, it will be incorporated into existing NPDES permits with TRC effluent limits upon permit renewal. At that time, the following TRC footnote language will added to the Effluent Limitations Sheet: "The facility shall report all effluent TRC values reported by a NC certified laboratory including field certified. However, effluent values below 50 ug/1 will be treated as zero for compliance purposes." Division of Water Quality, Point Source Branch Telephone (919) 733-7015 ��e 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 FAX (919) 733-0719 N Carolina 512 N. Salisbury Street, Raleigh, North Carolina 27604 On the Internet at hltpy/hza.enrsWfe.nc.us/ ✓'"turall✓ An Equal DppoMmilylAtfirmaM Action Employer Page 2 of 2 May 1, 2008 TRC 50 ug/l Compliance Memo DWQ reserves the right to modify this policy in the future as analytical methods evolve. If you have questions about the content of this letter, please contact Tom Belnick at (919) 733-5083, extension 543. If you need assistance with your TRC analytical methodology, please contact Gary Francies with the DWQ Water Quality Lab at (828) 296-4677 Sincerely, Matt Matthews, Supervisor Point Source Branch , 2 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality September 5, 2006 JCI JONES CHEMICALS INCORPORATED ATTN: TIMOTHY GAFFNEY, OR SUCCESSOR 1500 TARHEEL RD CHARLOTTE, NC 28208 Subject: NPDES Stormwater Permit Renewal Jci Jones Chemicals Incorporated Permit Number NCS000334 Mecklenburg County Dear Permittee: Your facility. is currently covered for stormwater discharge under NPDES Permit NCS000334. This permit expires on Apri130, 2007. North Carolina Administrative Code (15A NCAC 2H.0105(e)) requires that an application for permit renewal be filed at least 180 days prior to expiration of the current permit. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplemental information will constitute your application for renewal of your permit. As stated above, the application form must be completed and returned along with all requested information by in order for the permit to be renewed by April 30, 2007. Failure to request renewal by may result in a civil assessment of at least $500.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $25,000 per day. If you have any questions regarding the permit renewal procedures please contact Mike Randall of the Stormwater Permitting Unit at (919) 733-5083, ext. 545. Sincerely, Bradley Bennett, Supervisor Stormwater Permitting Unit cc: Central Files Stormwater Permittipg UnifFiles Mooresville Regional Office i� Caro 'na North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Customer Service Internet: www.ncwaterqualitv.orH Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax (919) 733-9612 1-877-623-6748 An Equal OpportuniWAflirmatve Acton Employer— 50% Retycledlt 0% Post Consumer Paper PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1617 Mail Service Center, Raleigh, NC 27699-1617 NOTIFICATION OF INTENT TO ISSUE A STATE NPDES PERMIT On the basis of thorough staff review and application of Article 21 of Chapter 143, General Statutes of North Carolina, Public Law 92-500 and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to issue a permit to discharge to persons listed below on April 12, 2002, and subject to special conditions. Persons wishing to comment upon or object to the proposed determinations are invited to submit same in writing to the above address no later than March 29, 2002. All comments received prior to that date will be considered in the formulation of final determinations regarding the proposed permit. A public meeting may be held where the Director of the Division of Water Quality finds a significant degree of public interest in a proposed permit. A copy of the draft permit is available by writing or calling the Division of Water Quality, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617, (919) 733-5083. The application and other information may be inspected at these locations during normal office hours. Copies of the information on file are available upon request and payment of the costs of reproduction. All such comments or requests regarding a proposed permit should be make reference to the NPDES permit number listed below. NPDES No. NCS000334 JCI Jones Chemical Incorporated, 1500 Tar Heel Road, Charlotte, NC, has applied for a permit to discharge stormwater associated with industrial activities at a facility located at JCI Jones Chemical, 1500 Tar Heel Road, Charlotte, Mecklenburg County. The facility discharges ttAthe waters of -the Catawba River Basin. Date ,y Gregory J. Thorpe, .D., Acting Director Division of Water Quality Afvpt�AT;PP. FEB 2 7 2002 NCS000334 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE STORMWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, JCI Jones Chemical Incorporated is hereby authorized to discharge stormwater from a facility located at 1500 Tarheel Road Charlotte Mecklenburg County to receiving waters designated. as Paw Creek, a Class C stream, in the Catawba River Basin in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, IV, V and VI hereof. This permit shall become effective May 1, 2002. This permit and the authorization to discharge shall expire at midnight on April 30, 2007. Signed this day April 12, 2002. DRAFT DRAFT DRAFT for Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality By the Authority of the Environmental Management Commission Permit No. NCS000334 TABLE OF CONTENTS PART 1 INTRODUCTION Section A: Individual Permit Coverage Section B: Permitted Activities Section C: Location Map PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES Section A: Stormwater Pollution Prevention Plan Section B: Qualitative Monitoring Requirements PART III STANDARD CONDITIONS Section A: Compliance and Liability 1. Compliance Schedule 2. Duty to Comply 3. Duty to Mitigate 4. Civil and Criminal Liability 5. Oil and Hazardous Substance Liability 6. Property Rights 7. Severability 8. Duty to Provide Information 9. Penalties for Tampering 10. Penalties for Falsification of Reports Section B: General Conditions 1. Individual Permit Expiration 2. Transfers 3. Signatory Requirements 4. Individual Permit Modification, Revocation and Reissuance, or Termination k Permit No. NCS000334 5. Permit Actions Section C: Operation and Maintenance of Pollution Controls 1. Proper Operation and Maintenance 2. Need to Halt or Reduce Not a Defense 3. Bypassing of Stormwater Control Facilities Section D: Monitoring and Records I. Representative Sampling 2. Recording Results 3. Flow Measurements 4. Test Procedures 5. Representative Outfall 6. Records Retention 7. Inspection and Entry Section E: Reporting Requirements 1. Discharge Monitoring Reports 2. Submitting Reports 3. Availability of Reports 4. Non-Stormwater Discharges 5. Planned Changes 6. Anticipated Noncompliance 7. Bypass 8. Twenty-four Hour Reporting 9. Other Noncompliance 10, Other Information PART IV LIMITATIONS REOPENER PART V ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART VI DEFINITIONS T Permit No. NCS000334 PART I INTRODUCTION SECTION A: INDIVIDUAL PERMIT COVERAGE During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified in this permit. SECTION B: PERMITTED ACTIVITIES Until this permit expires or is modified or revoked, the permittee is authorized to discharge stormwater to the surface waters of North Carolina or separate storm sewer system which has been adequately treated and managed in accordance with the terms and conditions of this individual permit. All discharges shall be in accordance with the conditions of this permit. Any other point source discharge to surface waters of the state is prohibited unless it is an allowable non-stormwater discharge or is covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. Part 1 Page 1 of 2 Permit No. NCS000334 PART II MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A. STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. This Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E, Paragraph 3 of this individual permit. The Plan shall include, at a minimum, the following items: 1. Site Plan. The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of stormwater discharges. The site plan shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, the name of the receiving water(s) to which the stormwater outfall(s) discharges, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the point(s) of discharge. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (c) A site map drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations, existing BMPs and impervious surfaces, and the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the stormwater discharge. (d) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B, Paragraph 3. 2. Stormwater Management Plan. The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and Part I1 Page I of 4 Permit No. NCS000334 nonstructural measures. The stormwater management plan, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (b) Secondary Containment Schedule. A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous substances to prevent leaks and spills from contaminating stormwater runoff. If the secondary containmcnt devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by the material stored within the containment area. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (c) BMP Summary. A narrative description shall be provided of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources to contribute significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. 3. Spill Prevention and Response Plan. The Spill Prevention and Response Plan (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the SPRP shall be identified. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, a SPCC plan may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment Part II Page 2 of 4 Permit No. NCS000334 and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. S. Employee Training. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified. 6. Responsible Party. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position assignments provided. 7. Plan Amendment. The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B, Paragraph 3) to the Director that the changes have been made. 8. Facility Inspection Program. Facilities are required to inspect all stormwater systems on at least a semiannual schedule, once in the fall (September -November) and once in the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Stormwater discharge characteristic monitoring as required in Part II of this permit shall be performed in addition to facility inspections. 9. Implementation. The permittee shall document all monitoring, measurements, inspections and maintenance activities and training provided to employees, including the log of the sampling data and of activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Part II Page 3 of 4 Permit No. NCS000334 SECTION B: QUALITATIVE MONITORING REQUIREMENTS Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative outfall status and shall be performed as specified below in Table 1. Qualitative monitoring is for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm event. In the event an atypical condition is noted at a stormwater discharge outfall, the Permittee shall document the suspected cause of the condition and any actions taken in response to the discovery. This documentation will be maintained with the Stormwater Pollution Prevention Plan. All qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September. - November). Table 1. Qualitative Monitoring Requirements �, Q 'q,ischargeg ar cteristics� .' KIWI �N. �F �h. b.�G>...+ .�-.a-yir P-1 $%L Frequency R �, +� .r.".M1}:`�, r �Mon�tormg� Color Semi -Annual SDO Odor Semi -Annual SDO Clarity -Semi -Annual SDO Floating Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Other obvious indicators of stormwater p6llution Semi -Annual SDO Footnotes: 1 Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge outfall (SDO) regardless of representative outfall status. Part II Page 4 of 4 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director September 13, 2000 TIMOTHY GAFFNEY JONES CHEMICALS INC 8720 RED OAK BLVD STE 501 CHARLOTTE, NC 28217 NCDENR NORTH CAROLIN44Pr;.RARTMENTyOF ENVIRONMEN'99V441N_AT-qq tg�RE?QAIl CEyS & NATURAL RESOURCM SEP Qo 2000 CMS11111 OF 1001JII M?a %lAlI1V=fDj ro1111muk ME4 of Subject: NPDES Stormwater Permit Renewal Jones Chemicals Inc Permit Number NCS000334 Mecklenburg County Dear Permittee: Your facility is currently covered for stormwater discharge under NPDES Permit NCS000334. This permit expires on March 31, 2001. In order to assure your continued coverage under your permit, you must apply to the Division of Water Quality (DWQ) for renewal of your permit. To make this renewal process easier, we are informing you in advance that your permit will be expiring. Enclosed you will find an individual permit renewal application form, supplemental information request, and Stormwater Pollution Prevention Plan certification. Filing the application form along with the requested supplimental information will constitute your application for renewal of your permit. The application form must be completed and returned along with all requested information by October 30, 2000 in order to constitute a timely renewal filing. Late last year, legislation modified the fee structure for DWQ permits. Renewal fees have been eliminated and annual fees have been changed. The new annual fee for your permit is now $715.00 (you will be invoiced at a later date for your annual fee.) A copy of the new fee schedule is enclosed in this package. Failure to request renewal by October 30, 2000 may result in a civil assessment of at least $250.00. Larger penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to $10,000 per day. If you have any questions regarding the permit renewal procedures please contact Bill Mills of the Stormwater and General Permits Unit at (919) 733-5083, ext. 548. Sincerely, Bradley Bennett, Supervisor Stormwater and General Permits Unit cc: Central Files Stormwater and General Permits Unit Files Mooresville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 Fax 919-733-9919 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper